The type of criminal charges you face will determine where your trial will occur:

  • Federal offenses, like interstate drug trafficking or the distribution of child pornography, are handled in U.S. District Court.
  • Felony offenses, like armed robbery, most sex crimes, homicide, financial crimes and felony impaired driving cases are handled in state and federal courthouses, depending on the crime. Some offenses involve specialized courts.
  • Misdemeanor offenses, like petty theft will be handled in District Court.

Whether you are representing yourself, are represented by a defense lawyer or have an appointed public defender, the decision whether you will go to trial is always up to you. The Bill of Rights also guarantees you the right to a speedy trial and the assistance of adequate counsel at trial.

Opening Statements

When your case is called for trial, both sides will begin with opening statements. The prosecutor goes first, followed by your attorney (the defense) unless the opening was reserved for the end of the prosecution’s case in chief. Opening statements are a brief summary of the case each side will present, outlining the witnesses each will call, the evidence each will present and their version of the facts of the case.

The Prosecution’s Case In Chief

The U.S. Attorney (federal prosecutor) handling the trial will be the first to call witnesses and put on evidence. Your defense lawyer will have an opportunity to cross-examine witnesses for the prosecution, object to inadmissible statements and otherwise try to raise reasonable doubt in the eyes of the judge or jury. Finally, the prosecutor can re-direct its own witnesses after your attorney questions them.

The Defense (You and Your Lawyer)

Once the prosecution rests, it is common for your attorney to move for dismissal asserting that the prosecution has not proven its case. If the motion is granted, your trial ends and you are free to go. If not, as is often the case, your trial continues, with your attorney calling any witnesses in your defense.

You are not required to put on a defense. You are presumed innocent. It is the job of the federal government to prove your guilt, that you committed the crimes you are charged with.

Closing Arguments

Both your attorney and the federal government’s attorney will have an opportunity to summarize their case for the judge or jury at the close of the defense’s case. The prosecutor will go first, followed by your attorney and then the prosecutor will have a chance for rebuttal – essentially to speak again and be the last words heard by the jury.

Jury or Judge Deliberations

If your case is heard by a jury, the judge will instruct the jury on the law that applies to your case based on the instructions agreed upon by the prosecutor and your attorney. The jury will move to the deliberation room to decide the outcome of the case. If a judge is deciding your case (you have a bench trial), the judge will likely retire to his or her chambers to deliberate your fate.

Note: The U.S. Constitution requires a unanimous jury verdict for a criminal conviction. If the jury cannot agree on the outcome of your case, it’s a “hung jury,” a mistrial. The prosecutor has the option to retry the case, try to reach a negotiated plea or drop the charges against you. If you need help, do not hesitate to call at 919-838-6643 to request a consultation. The Marcilliat & Mills PLLC is based in Raleigh, North Carolina.

If the judge or jury finds you “not guilty,” you have been acquitted of the crimes charged and you are free to go. It is possible to be acquitted of some charges and convicted of others if you were facing multiple counts or multiple offenses.

State v. B.S.: Not Guilty Verdict in First Degree Murder Case.

In this case, our client was charged with First Degree Murder in connection with a “drive by” shooting that occurred in Charlotte, NC. The State’s evidence included GPS ankle monitoring data linking our client was at the scene of the crime and evidence that our client confessed to an inmate while in jail. Nonetheless, we convinced a jury to unanimously find our client Not Guilty. He was released from jail the same day.

State v. S.G.: First Degree Murder Charge Dismissed.

Our client was charged with First Degree for the shooting death related to an alleged breaking and entering. The State’s evidence included a co-defendant alleging that our client was the shooter. After conducting a thorough investigation with the use of a private investigator, we persuaded the State to dismiss entirely the case against our client.

State v. B.D.: First Degree Murder Charged Dismissed.

After conducting an investigation and communicating with prosecutor about the facts and circumstances indicating that our client acted in self-defense, the case was dismissed and deemed a justifiable homicide.

State v. I.R.: Reduction from First Degree Murder to Involuntary Manslaughter and Concealment of Death.

Our client was charged with the First Degree Murder of a young lady by drug overdose. After investigating the decedent’s background and hiring a preeminent expert toxicologist to fight the State’s theory of death, we were able to negotiate this case down from Life in prison to 5 years in prison, with credit for time served.

State v. J.G.:

Our client was charged with First Degree Murder related to a “drug deal gone bad.” After engaging the services of a private investigator and noting issues with the State’s case, we were able to negotiate a plea for our client that avoided a Life sentence and required him to serve only 12 years.