The defendant is present in the courtroom during the entire trial. The defendant can decide not to testify. Once the defense has completed its case, both sides are allowed to make closing arguments, with the prosecutor going first. The judge or jury will then review the evidence they have heard and make a decision of guilty or not guilty. The prosecutor beyond a reasonable doubt must prove the defendant guilty.
All jurors have to agree on the verdict.
When a probationary sentence is called for by the Guidelines, a judge may impose county jail time, fines, treatment, restitution, or other requirements as conditions of probation. Before sentencing, a pre-sentence investigation may be prepared which includes a social history of the defendant, criminal history of the defendant, victim impact and other information and recommendations. The prosecutor and defense attorney also may make recommendations to the judge regarding sentencing. If the judge is sentencing a defendant for a misdemeanor or gross misdemeanor offense, the judge relies on the judge s experience and past sentencing practices. Occasionally, there is a mandatory minimum sentence that is required.