Federal Trial

The law provides that, unless exceptions are granted by the court, you will be tried no earlier than 30 days or later than 70 days after your first federal court appearance. Actually, however, there are many things that can extend the 70-day speedy trial limit. Remember that your attorney has criminal defense expertise. Much in a criminal case involves strategic decisions of how and when issues should be presented. Your attorney will keep you informed of the reasons for certain decisions.

Your case will be tried by a jury of 12 people unless you waive jury trial. First, the prospective jurors are selected and sworn. Then each side makes an opening statement to describe what the case is about. After the statements, the prosecutor (Assistant U.S. Attorney) presents the government's witnesses and evidence. You have the right to have your attorney cross-examine every witness presented against you.

The government has the burden of proving your guilt beyond a reasonable doubt. That burden is different and a higher level of proof than at a preliminary hearing or before a grand jury. You are never required legally to disprove the charges.

Unless the court dismisses the charges against you at the end of the government's witnesses, your attorney will have the opportunity to present your evidence and witnesses, if any. The decision as to which witnesses to call will be made by your attorney, after consultation with you. You must decide whether or not you will testify. Your attorney will give you advice on this matter. The final decision as to whether you will take the stand is yours alone.

Next, each side has an opportunity to argue their case to the jury. The judge then will read the legal instructions to the jury. The instructions state what law applies to the case. The jury will leave the courtroom to talk about the case until they have reached a unanimous verdict. If the jury cannot agree on a unanimous verdict, then a mistrial occurs, and you may have to have a new trial at a later date with a different jury.

If the jury acquits you on the charges, the case is over. An "acquittal" is the same as "not guilty." Remember that no two trials are alike. Your attorney will answer questions you have about your trial.