Facing criminal prosecution in North Carolina is a stressful experience, especially if you do not know what to expect in your case. Understanding what happens throughout the criminal trial process can give you peace of mind and empower you to make informed decisions at each stage of the prosecution.
Arrest and Initial Charges
Police may arrest a suspect when they have probable cause to believe they committed one or more specific criminal offenses. The arresting officer must specify on their paperwork which charge(s) form the basis for the arrest. However, prosecutors may ultimately choose to file different charges based on additional evidence found through further investigation. Upon arrest, an arrestee has the right to remain silent, which means they do not have to answer investigators’ questions about their charges. An arrestee also has the right to consult an attorney. If police wish to question an arrestee, they must inform them of these rights and allow them to speak with an attorney before questioning.
Initial Appearance/Arraignment
After an arrest and booking, a criminal defendant will make an initial appearance in court (sometimes called an arraignment). At this appearance, the prosecution will formally advise the defendant of the charges filed against them. The trial court will explain some of the defendant’s fundamental rights and confirm whether the defendant has or still needs legal representation. The trial court will also take the defendant’s initial plea; a defendant who pleads not guilty at the initial appearance can later change their plea to guilty.
Discovery and Pretrial Motions
Should a defendant plead not guilty, a criminal case will proceed to discovery, where the prosecution must turn over its case file, including the evidence and witnesses prosecutors intend to present at trial and any potentially favorable or exculpatory evidence in the government’s possession.
The parties may also file various pre-trial motions, such as motions to admit or exclude evidence. A defendant can also test the sufficiency of the prosecution’s case by filing a motion to dismiss the charges; the trial court will grant the motion if it finds that the prosecution’s evidence does not support probable cause.
Jury Selection
Should the parties not reach a plea deal or if the trial court does not dismiss the charges, the case will proceed to trial, which begins with jury selection (also called voir dire). During jury selection, the parties and the trial court ask potential jurors various questions to ensure that a juror will follow the trial court’s instructions and render a fair, impartial verdict based on the evidence.
Trial
After seating the jury, the trial begins with opening statements, where each party will summarize the evidence they intend to present during the trial. The prosecution presents its case first, with the defense having the opportunity to cross-examine the prosecution’s witnesses. After the prosecution rests its case, the defense may present evidence and witnesses if it chooses; however, a defendant does not need to present any case since the prosecution bears the ultimate burden of proof. Prosecutors also may cross-examine any witnesses presented by the defense. The trial concludes with both parties presenting closing summations.
Jury Deliberation and Verdict
After both parties present their cases, the jury deliberates over the evidence and, applying the law as instructed by the trial court, renders a verdict. Juries must return a unanimous verdict; a non-unanimous or “hung” jury may result in a mistrial.
Sentencing
If the jury returns a guilty verdict, the trial court will schedule a sentencing hearing to review evidence and witness testimony relevant to the court’s sentencing decision. The defendant may also file post-trial motions, such as motions for a new trial or judgment notwithstanding the verdict.
Contact a Criminal Defense Attorney Today
If you’re facing charges in North Carolina, a criminal defense attorney from Greene Wilson & Styron, can prepare you for what to expect in the criminal trial process. Contact us today for a confidential consultation to discuss your charges and legal options.