If your criminal charges are not dismissed before the trial date, you must be prepared for what happens in the courtroom. Relax. We can help you. We’ve tried cases before judges and judges for over 20 years. We’re ready to explain what happens on the day of the trial and what your role in the trial is.\
The different parts of the jury trial
Your criminal defense trial normally follows the following schedule:
- A jury will be selected. You have the right to participate in the selection of the jury. Our criminal defense lawyer questions the prospective jurors to help obtain a fair and impartial jury – a jury that will listen to your side of the case and not automatically accept everything the government says.
- The opening statement. The prosecution will explain its theory of the case and why it brought the charges against you. We then present our opening statement, which explains the weaknesses in the government’s case and begins to establish a reasonable doubt that you committed a criminal offense.
- The prosecution’s presentation of evidence. The government will call its witnesses, which often include the police officer, any witnesses who have information about the cases, and possibly expert witnesses (for example, witnesses who can testify about what drugs they found). Any victims of the crime will also be able to testify. We then cross-examine the witnesses, which includes attacking their credibility and showing flaws in their testimony.
- Your defense. At Drew Cochran, Attorney at Law, we can discuss whether you should testify. The Fifth Amendment provides that you do not have to incriminate yourself. Any other witness who can help your defense will also testify.
- The closing statements. Normally, we present our closing statement first, and then the prosecution goes last. Our closing statement is the argument to the jury that supports your version of what happened and argues that the government hasn’t proved its case beyond a reasonable doubt. The prosecution will then present its arguments.
- The jury deliberation. The judge will instruct the jury about how they should consider the evidence and what law they need to review. The jury will then, in a private room, decide your fate.
Practical suggestions for your court trial
We are your advocate in court. It’s our job to speak for you (with your input). There are some practical things you should know so you can be prepared. Some of these practical suggestions depend on whether you are coming from your home because you’ve been released on bail or you’re coming from a jail or prison. The practical suggestions include:
- Be on time. This means getting to the courthouse early. Be sure to plan days in advance how you will get to the courthouse. If, for some reason, you are running late – call my office immediately. Don’t run late. Lateness can be viewed as poor character. Your case may begin without you if you’re late.
- Understand that you will have to go through a security check to be admitted into the courthouse.
- Dress appropriately. Your case will be heard by a jury of your peers. They will be looking to see if you are taking the charges against you seriously. We recommend that you dress in some of your best clothes – pants and a button-down shirt or a skirt or dress – if you have them. Men should consider wearing a tie. If you have a sports coat or a suit, wear it. Your clothes should not be distracting or revealing. The shoes shouldn’t be open-toed. Dresses shouldn’t be too revealing. Your hair should be properly groomed. Generally, juries should focus on your face, not the rest of your body.
- Be prepared for what you will say. If you are going to testify, we will have at least one dry run with you beforehand so you can anticipate what we will ask, what the prosecution will likely ask, and what the judge may ask. You should understand the question before you answer. Also, wait to see if we have any objections before you answer. Generally, you should only answer the question and not volunteer any other information.
- Tell the truth. You will be under oath.
- You should address the judge as “Your Honor.” You should be mindful that the jury will be listening to every word you say and to your reactions the whole time you are in the courtroom. You should be polite to everyone in the courtroom.
- It’s OK to be nervous. Your freedom and reputation are on the line. Candidly, I’d be concerned if you weren’t nervous. We recommend taking your time. Understand that a criminal trial is a step-by-step process. It’s especially important to understand what you’re being asked and take your time when answering – when the government is doing the questioning. The prosecutors have the right to cross-examine you fairly aggressively. We can object when prosecutors cross the line. Your trial is supposed to be fair, not a show for the prosecution.
A few other tips that the Maryland Courts recommend include:
- “Do not talk over people who are speaking. If you need to interject, say, “Excuse me, your Honor.”
- “Do not let the other party upset you. Remain calm and composed.”
- “If you know the judge misunderstood your meaning, politely correct their misunderstanding.”
At Drew Cochran, Attorney at Law, we’ve been fighting for criminal defendants for more than 20 years. We’ve helped many defendants obtain acquittals of the criminal charges against them. We prepare you before the trial so you know what to expect and how to react. To speak with an experienced Annapolis and Ellicott City criminal defense lawyer, call me now or fill out my contact form to schedule a consultation.
And remember: Keep Calm – and Call Drew.
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