Trial

What is a Trial?

A Trial is a formal court hearing to determine if a person is guilty of a criminal charge or charges. There are 2 types of Trials: (1) Bench Trials, where the judge determines the facts and finds the person guilty or not guilty; and (2) Jury Trials, where 6 citizens, in the case of misdemeanors (up to 1-year penalties), and 12 citizens, in the case of high-court misdemeanors (up to 2-year penalties) and felonies, determine the facts and find the person guilty or not guilty.

Does a person have a right to a Jury Trial?

Yes, in Michigan, a defendant has a constitutional and statutory right to a Jury Trial. But so does the prosecution.

Does a person have a right to a Bench Trial?

No. In Michigan, while a defendant has a right to a Jury Trial, he or she DOES NOT have a right to a Bench Trial, because the prosecution must first waive its right to a Jury Trial for a defendant to be given a Bench Trial.

Are there stages in a Trial?

Yes. Generally, there are 5 stages: (1) Opening Statements by each party (or attorney); (2) Presentation of prosecution evidence, called its Case-in-Chief; (3) Presentation of defense evidence, called its Case-in-Chief; (4) Closing Arguments by each party (or attorney); (5) Rebuttal Argument by prosecution only (it has the burden of proof so it gets two bites at the apple).

Are there rules of evidence at Trial?

Yes, strict rules of evidence apply at Trial. This can work for and against a defendant. Admissibility depends upon the nature and type of evidence.

When should a person take a case to Trial?

A person should take a case to Trial only after consulting with an attorney—and only after viewing the evidence, determining the probability of a successful outcome, and projecting the costs (mental, and emotional, and economic) of having a full Trial on the matter.

Do many criminal cases go to Trial?

No. In fact, the vast majority of criminal cases never go to Trial, because the defendants accept plea offers (to reduced or different charges). According to some criminal studies, more than 95%--some say 98%--of criminal cases never go to Trial. Many defendants also accept plea offers because of the legal expenses involved in going to Trial. The criminal justice system is viewed by many as trying to reduce a defendant’s risks and consequences.

Is it expensive to litigate a case at Trial?

Yes. It can be incredibly expensive to litigate a case at Trial. The principal reason for the cost is legal fees associated with preparing for Trial, not for conducting the Trial (although those fees can be very expensive, too). Most Trials are won and lost on the time and quality of the preparation. Good preparation involves a number of factors: in-depth investigation of the circumstances of the alleged crime, including witness backgrounds; legal research and writing; preparation of motions and hearings, opening and closing statements, witness questions, and convincing and creative oral arguments.

Does your law firm have experience in conducting Trials?

Yes. We have considerable experience in conducting Trials—and we will zealously represent you and your rights at a Trial, should you decide on that course of action. However, we believe that a Trial should be the last resort for the client. We first encourage the use of cost-saving alternatives to Trial. In other words, we negotiate first, litigate last. We leave you with a few words of wisdom from Abraham Lincoln, a person who was no slouch as a President, Commander-in-Chief, and lawyer:

"Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser – in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man. There will still be business enough.”