What to Expect in Your Philadelphia Criminal Trial

What to Expect in Your Philadelphia Criminal Trial

Facing criminal charges is scary. Even if you’ve never been in trouble with the law before, the idea of going to trial and potentially being found guilty is overwhelming. As your Philadelphia criminal defense lawyer, I want to walk you through exactly what to expect so you feel fully prepared.

Before Trial

After you’ve been charged and arrested, the first step is your preliminary arraignment. This is when the judge reads the charges against you and sets your bail. If you can’t afford bail, you’ll wait in jail until your trial. The DA may also offer you a plea deal at this point to avoid trial. I’ll discuss any offers with you, but never feel pressured to take a deal if you want to fight the charges.

Within 10 days after your preliminary arraignment, you’ll have a formal arraignment. You’ll appear before a judge, enter a “guilty” or “not guilty” plea, and get a trial date. Between arraignment and trial, I’ll fully investigate your case, file motions to get evidence suppressed if it was illegally obtained, negotiate any possible plea deals, subpoena witnesses, and prepare your defense strategy.

Jury Selection

In Philadelphia, serious felony cases use 12-person juries. On the first day of trial, a panel of potential jurors are brought in and questioned by me and the prosecutor in a process called “voir dire.” We’re trying to weed out anyone with clear bias who won’t be able to weigh the evidence fairly. Both sides can strike a certain number of jurors without giving a reason. Once 12 impartial jurors are selected and sworn in, opening statements begin.

Opening Statements

After the jury is picked, the trial starts in earnest with opening statements. The prosecutor gives their statement first, laying out the basic facts of the case as they see it and explaining why you’re guilty. As the defense attorney, I follow with an opening statement from your perspective on what really happened, and why you should be found not guilty.

Opening statements let each side frame the case in the best light for their version of events before any evidence is shown. This is crucial, because first impressions matter to jurors. My goal with the defense opening is to poke holes in the prosecutor’s narrative and prime the jury to view the forthcoming evidence in the most favorable way for you.

The Prosecution’s Case

After openings, the trial moves into the prosecution’s case-in-chief. This is when the DA calls all their witnesses and presents evidence to try to prove you guilty beyond a reasonable doubt. Typical witnesses include the arresting officers, investigators, forensic experts, and any eyewitnesses or victims.

As the defense lawyer, I get to cross-examine every prosecution witness after they testify. My questions aim to undermine their credibility, poke holes in their testimony, expose bias, and bring out facts helpful to your case. The prosecutor will likely object if my questions seem irrelevant or argumentative. But skillful cross-examination of state witnesses can completely shatter their version of events.

The prosecution also presents all their physical evidence like security footage, weapons, medical reports, phone records, and so on. I’ll thoroughly examine each piece of evidence as it’s introduced, looking for improper procedure, contamination issues, or facts that support our defense.

Defense Case-in-Chief

After the DA rests their case, it’s our turn. As the defense attorney, I get to call our own witnesses and present evidence now trying to show your innocence. Common defense witnesses are character witnesses, expert witnesses to rebut prosecution experts, and any witnesses who directly contradict the state’s witnesses.

For example, if the prosecution claims you confessed during interrogation, I may call the interrogating detective to testify about proper Miranda procedure. Or if they claim you had intent to harm, our expert psychologist can explain why you lacked necessary mental state. The key is introducing evidence that pokes holes in their theory of the case.

As the defense lawyer, I can also recall prosecution witnesses during our case to clarify previous testimony. You as the defendant also have the right to testify in your own defense, but never are required to. In some cases, not testifying is best so the DA can’t attack your credibility on cross-examination. I’ll advise you on the pros and cons so you can decide.

Closing Arguments

After all evidence is presented, the trial moves into closing arguments. This is the final chance for both sides to argue why the jury should rule in their favor based on the facts presented. Think of it as making opening statements again, but now with the benefit of having seen all the evidence.

The prosecutor makes their closing first, highlighting the evidence against you and downplaying any weak spots in their case. As defense counsel, I follow by arguing why the state fell short of meeting their burden and why the evidence supports your innocence. My closing will point out every inconsistency, contradiction, bias, credibility issue, and factual error that creates reasonable doubt.

Skillful closing arguments can win over juries even with fairly weak trial evidence. I’ll use plain and persuasive language while emphasizing the high bar the state has to prove. If there are multiple charges, I’ll break down reasonable doubt on each element of each count. This multi-prong attack on the DA’s case is vital to secure an acquittal.

Jury Deliberations and Verdict

After closings, the judge instructs the jury on the relevant laws and sends them back to deliberate privately on a verdict. All 12 jurors must unanimously agree whether the prosecution proved their case beyond reasonable doubt on each charge. If they can’t agree, it’s a hung jury which leads to a mistrial.

Deliberations can last hours or days depending on the case complexity and jurors’ initial leanings. While the jury is out, we play the waiting game. When they reach a unanimous verdict, the court reconvenes and their decision is read. If found guilty, we move immediately into sentencing. If acquitted, you walk out of court a free person.

Possible Penalties if Convicted

If convicted at trial, possible penalties depend on the charges and your criminal history. Misdemeanors carry lighter jail terms while felonies can mean substantial prison time. Fines, probation, license suspension, restitution, and other consequences may supplement incarceration. Repeat offenders and major felonies often face mandatory minimum prison sentences.

However, alternatives like house arrest, work release, community service, rehab programs, or halfway houses may substitute if certain conditions are met. And parole eligibility varies widely based on the conviction offense. As your defense lawyer, my job is first getting you acquitted at trial. But if found guilty, I’ll advocate for the lightest possible sentence under the laws.

Bottom Line

Facing criminal prosecution is scary no matter your innocence or guilt. Mounting an effective defense requires understanding each step of the adversarial system while exposing flaws in the state’s case. Knowledge and preparation are power. Arm yourself by learning your rights and working closely with an experienced Philadelphia criminal defense attorney.

I’m here to fight for your freedom every single step. Reach out online or call 1-800-555-1234 anytime to discuss your case confidentiality. Let’s get started building your defense today.