Odds are you’ve had at least one run in with the law in the past, even if it’s something as simple as a traffic violation. However, that doesn’t mean that everyone has a clear understanding of how the criminal trial process works in Minnesota. Below, we take a closer look at all the processes involved in a typical criminal trial case.
Aspects of a Criminal Case
Assuming the case is carried out to completion instead of being pleaded out, here’s a look at all the different parts of the criminal case.
Determination of Judge or Jury Trial – The defense typically gets the choice to decide whether the case will be determined by a judge or a jury of their peers. Sometimes the prosecution also has a say in the type of trial.
Jury Selection – If a trial by jury is decided, the defense and prosecution will select a jury through a question and answer process.
Evidence Instructions – Ahead of trial, both sides request that the court admit or exclude certain evidence.
Opening Statements – The prosecution and defense begin trial with their opening statements to the judge or jury.
Prosecution Makes Case – The prosecution makes their case through direct examination and prosecution of witnesses.
Cross Examination of Prosecution Witnesses – The defense takes their turn cross-examining the prosecution’s witnesses.
Re-Direct/Re-Cross – The prosecution can then again question their witnesses, and then the defense would get another chance to cross examine. This re-questioning may not take place if the prosecution rests after the initial cross exam.
Prosecution Rests -The prosecution then rests their case.
Motion To Dismiss – If the defense believes the prosecution didn’t do enough to prove their case, the defense can bring a motion to dismiss charges before they even go on the offensive. This usually gets denied.
Defense Makes Case – The defense then makes their case to the judge or jury.
Cross Examination – The prosecution then gets their chance to cross examine the defense’s witnesses.
Re-Direct/Re-Cross – Same as above, only with the prosecution and defense roles switched.
Closing Arguments – The prosecution and defense make their final arguments to the judge or jury.
Prosecution Rebuttal – After the defense makes their closing arguments, the prosecution gets the last word before the judge or jury goes to make their decision.
Jury Instructions – If it’s a jury trial, the judge will give the jury instructions on how to carry out their task.
Jury Deliberations – If it’s a jury trial, the jury will be sequestered and will deliberate until a unanimous verdict is made.
Reading of Verdict – Once a verdict is made, it is read to the court by the judge or jury.
Post-Trial Motions – If the defendant is found guilty, the defense may then make a motion for appeal or acquittal.
Sentencing – Finally, if a guilty verdict is rendered, the defendant will face sentencing for their crime.
For help on any aspect of a criminal case, reach out to Appelman Law Firm at (952) 224-2277 today.
