At trial, the prosecutor has to prove that the accused is guilty beyond a reasonable doubt. This is done by examining witnesses and presenting physical evidence. It’s vital to have a good defense attorney at trial. The defense attorney can cross-examine the prosecutor’s witnesses for inconsistencies in their stories and present their own evidence to make the judge or jury doubt the prosecutor’s case. The accused does not have to testify at his/her own trial. A defense attorney can tell whether it’s a good idea for the accused to testify.
The judge or jury, depending on the trial, will return a verdict of guilty or not guilty. If the accused is found guilty, there will be a separate hearing to determine the sentence. At a sentencing hearing, the prosecutor and the defense lawyer will present arguments to a judge. Once again, it’s critical to have a good defense attorney at this stage. The judge usually has a good amount of discretion to decide the sentence, and a good lawyer can make persuasive arguments to reduce the sentence as much as possible.
If the judge made a mistake during a trial and the accused was convicted, it’s possible to appeal the verdict. Common mistakes include incorrectly admitting or excluding evidence or improperly instructing the jury about the law. However, the appeals court will only hear appeals if the accused objected to the mistake during the trial. A good defense lawyer will be able to spot trial mistakes instantly and object to them, preserving any possible appeals.