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Phases of Trial in Criminal Case for Personal Injury Lawsuit

Mesriani_Law_Group | Aug 27, 2010 |

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If you or your lawyer has undergone the pre-trial motions, the next stage is the Trial.

At any time during the stages, you and your lawyer can offer plea bargain to the defendant to speed up the case. Your lawyer may ask the defendant to admit one or any of the charges in exchange for a lighter sentence. If the plea bargain fails, you will have to undergo with the trial.

The trial has six phases:

1. Jury selection

2. Opening statements

3. Testimony and cross-examination of witnesses

4. Concluding arguments

5. Giving of legal procedure guidelines for jury

6. Deliberation and verdict of jury

Jury selection

The judge, plaintiff, and the defendant selects from qualified potential jurors. The parties can eliminate jurors based on challenges for cause and peremptory challenges. Objectivity for issues related to the case determines the eligibility of the jurors.

Opening statements

The plaintiff's attorney presents his/her arguments, facts and evidence for the charge/s, and attempts to persuade the judge that the case has substantial basis.

The defendant's attorney responds to the presented charge/s and attempts to discredit the evidence presented. This is the chance for the defendant to establish effective legal defenses and persuade the judge that the case lacks burden of proof.

Testimony and cross-examination of witnesses

The plaintiff's attorney may present his/her eyewitnesses/ expert witness. Questions will be asked to establish credibility for the facts and evidence presented. The eyewitness cites his/her story and provides first hand account on the accident. The expert witness (usually a medical practitioner) cites statements on the actual medical treatment that the injured plaintiff has received.

The defendant's attorney will then be given a chance to question the witness and clarify facts and statements cited. He/She attempts to weaken the statement or discredit the testimony.

Then, the plaintiff's attorney will be given a final chance to question the witness with an aim to remedy any weakened statements.

The defendant's attorney proceeds with his/her presentation of evidence and establish vital points on discrediting or nullifying the charges.

The trial then proceeds with concluding statements from both parties. The jury gives out the legal standards to the jury which will serve as the basis for determining the fault of the defendant.

The case then proceeds with the deliberation of the jury in which a consensus should be reached for the verdict.

Should you encounter any problem in any of the stages of your criminal case, consult a Personal Injury Attorney in Los Angeles to help you continue your case.

There are Online Legal Services in Los Angeles that can immediately help you anytime with your case. To know the available legal options regarding your case, consult a Personal Injury Lawyer for more information.