Trial is the process of proving the facts in a criminal case through witnesses and evidence. Defendants have the right to a jury trial, where a group of 12 people listen to the evidence presented by both sides and decide whether the defendant is guilty or not. Civil trials are typically conducted in front of a judge only.
The prosecutor uses a combination of testimony and evidence to show that the defendant committed the crime. The defense attorney tells the other side of the story using witnesses and evidence. A defendant can also ask to have the case dismissed before trial, but this is rarely done.
During the trial, the jury is given an overview of the case through opening statements from both attorneys. Then each party presents their evidence through direct and cross-examination of witnesses, as well as the introduction of documents and other things such as photographs and videos that are not considered to be “hearsay” – a statement made secondhand such as a newspaper article or another person’s testimony.
Going to trial allows you to compel the defendant to disclose information they may withhold during settlement negotiations. It can also hold them accountable publicly, which is especially important if their negligence or misconduct caused your injuries. However, trials can be lengthy, expensive and stressful, which is why many personal injury cases settle before reaching trial. If you’re considering a trial, work closely with your personal injury lawyer to weigh the pros and cons of doing so.
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