For a case that has yet to be resolved, it can be taken all the way to court. At this point the defendant has a right to decide how they want the trial to take place. They can either be heard by the court or by a jury of their peers. Many individuals select to have the jury of their peers since they are hoping they can sway their opinion. Both attorneys are involved in the process of selecting the jury and this process is known as the voir dire. They will ask questions and try to find which individuals they believe will be fair and open. In some instances, it may be better for a court jury and a San Bernardino criminal attorney can help make this decision.
In a criminal case the burden of proof is laid on the prosecutor. They have the obligations of proving that the defendant is guilty beyond all reasonable doubt. A defendant is viewed as innocent until they have been found guilty by the court. Depending on the recommendation of legal representation, a defendant may choose to speak in court or they may exercise their right to remain silent. The trial will start with the opening statements and both attorneys have the right to give these. Following the opening statements, the evidence and witness accounts will be given. If a witness takes the stands, then both sides of the case can question them. Once all evidence has been presented, the closing arguments will take place. Lastly, the jury will deliberate before returning to the court with their decision.