Trials and Hearings

What’s the Deal with Trials and Hearings in Criminal Cases?

If you’ve been charged with a crime, you’ll have to deal with different court events like trials and hearings. What are they all about? This article breaks it down in simple terms.

Criminal Trials

A criminal trial is when the prosecution and defense fully argue the case in court and a verdict is reached. Defendants have a right to a speedy public trial.

Trials involve:

• Selecting a jury
• Opening statements laying out each side’s case
• Witness testimony and cross-examination
• Presentation of evidence
• Closing arguments
• Jury deliberation and verdict

The verdict is either guilty or not guilty on each charge. Trials can take days or weeks depending on complexity.

Bench Trials vs. Jury Trials

For bench trials, the judge decides the verdict after hearing the evidence. Jury trials use a panel of citizens to decide.

Preliminary Hearings

Soon after charges are filed, there’s a preliminary hearing where the prosecution shows there’s enough evidence to justify having you stand trial. It’s a preview of their case.

If the evidence seems weak, charges can be dismissed then and there. But usually cases move ahead to trial if the low probable cause standard is met.

Pre-Trial Hearings

Lots of hearings happen before the trial itself. Common pre-trial hearings include:

• Arraignment – Entering your plea
• Bail hearings – Deciding if you’ll be released pre-trial
• Motion hearings – Arguing issues like tossing evidence
• Status conferences – Discussing progress and next steps

Pre-trial hearings deal with all the legal housekeeping leading up to the big show of the trial.

Sentencing Hearings

If found guilty at trial, later there’s a sentencing hearing where the punishment is issued based on guidelines and arguments from each side.

The sentence can involve jail/prison time, fines, probation, restitution, treatment programs, etc.

Parole Hearings

After serving part of a prison sentence, inmates can get parole hearings to see if they’ll be released early for good behavior. Parole boards decide based on things like:

• Record in prison
• Education achievements
• Rehab program completion
• Release plan
• Risk to public

Probation Revocation Hearings

Those on probation have revocation hearings if accused of violating probation terms. Possible sanctions include extending probation or imposing suspended jail time.

Appeals Hearings

After conviction, appeals courts hold hearings to address claims of legal errors at trial. These involve lawyers arguing why the conviction or sentence should be overturned.

Takeaways

There are a ton of different hearings and trials in criminal cases. Knowing how each one works helps you be prepared!

References

[1] Trial Courts and Court Systems | Nolo

[2] Stages of a Criminal Case | FindLaw

[3] Preliminary Hearing | Wex | US Law | LII / Legal Information Institute

[4] Sentencing Hearings | Nolo

[5] Parole Primer | Bureau of Justice Assistance