Secondly, the magistrate is bound to examine all the witnesses produced by the accused in his defence. At the time of recording statement of every witness, the following are the rights of either party An opportunity to the accused of giving statement. At this stage of the trial the court gives an opportunity to the accused, that if he wants to prove himself innocent, he may record his statement in this behalf. According to section subsection 2 of CrPC, Any person accused of an offence before a criminal court, such accused if he does not plead guilty may record his statement on oath in disproof of the charges or allegations levelled against him, and after this, the accused shall be cross-examined by the prosecution.
The accused should be at liberty at all times to be defended by a pleader, and at this stage of the trial, the pleader of the accused and public prosecutor may give their arguments in respect of legal and factual questions involved in the case. Order of acquittal or sentence. According to section CrPC, if the magistrate upon taking the evidence referred in section , and such further evidence if any, and after examining the accused, finds the accused not guilty, the magistrate shall record an order of his acquittal.
There are typically limited amounts of peremptory challenges that an attorney is able to use during jury selection.
Potential jurors are not allowed to be dismissed due to a particular characteristic, such as race, ethnicity, and gender. This rule does not apply to challenges based on age or on mental and physical disabilities. Alternate Trial Jurors Once a jury is selected, alternate jurors are selected in case a regular juror needs to be replaced because of inability to perform jury duty. Alternate jurors are questioned and selected in the same manner as the regular jurors.
Your criminal defense attorney will handle all of the questioning during the voir dire process because a defendant is not allowed to address the potential jurors.
The only exception to this law is if the defendant is representing himself or herself. It is never advised that a defendant represents himself or herself, and if you have been accused of a crime, you should immediately contact a criminal defense attorney. If You Are Detained If you are detained in jail, remember there are still ways to incriminate yourself. There are some general guidelines you should follow, including the following: Do not discuss anything over the phone.
This is often recorded and can be overheard. Do not discuss with fellow in-mates. Remember that anyone in jail is looking for a way out. That could include providing information about you in order to improve their position with the state. Do not make statements or answer questions without an attorney present. Never waive your rights to something without first speaking with an attorney. Know how to be steadfast with your requirement that an attorney be present during any interrogation or questioning.
Working with a Criminal Defense Attorney Criminal charges can be complex, requiring much gathering of evidence and information.
If you have been arrested and accused of a crime, you need to acquire and work with a criminal defense attorney such as Sevens Legal, APC. Once you have discussed the specifics of the allegations against you with your attorney, they will inform you of the strengths and weaknesses pertaining to your case, as well as any risk of conviction and punishment you may be facing. A criminal defense attorney such as Sevens Legal, APC, can also negotiate a plea deal as well as decide to move forward with trial, while working constantly to make sure your best interests are served.
They will do this by calling witnesses and introducing documents that will establish the facts necessary to prove the elements of the crimes charged. The defendant is not required to present a case but may do so if they deem it necessary. Now, should the defense decide on not presenting a case, the judge will instruct the jury not to make any adverse inferences in that regard.
In fact, any juror that would require a defendant to present evidence would be excused for cause during the jury selection process. Should the defense present a case, the state will also be able to cross examine any witnesses to challenge their veracity and expose any biases. The biggest issue is whether the defendant should testify. That decision is up to the defendant alone after consultation with his lawyer.
The defendant has the absolute right to testify in his defense but is not required to do so. He can rest on the presumption of innocence and his silence cannot be held against him.
Any jurors requiring the defendant to testify would be removed on a cause challenge during the jury selection process. That said, there are two critical points you need to consider. Sometimes, the defense has nothing more to add to the statement and will refrain from testifying.
Should the defendant testify differently, those differences will be exposed to the jury and the state will infer deception on his part. Second, when the defendant testifies, the jury will learn about any prior convictions he may have- even for unrelated charges. In Louisiana, the general rule is that any witness can be impeached with the existence of any conviction. Often, a defendant will refrain from giving testimony so as to not expose the jurors of his previous convictions.
The judgment means the final decision of the court. After hearing both sides the court will give its decision. The decision will either result in acquittal of the accused or the conviction of the accused. When the court convicts the accused, the punishment is given to the accused for the offence he has committed. After the judgment the parties have right to appeal or review or revision.
Therefore there are total seven stages in a criminal trial. All these stages are very important in a criminal trial. This will ensure the fair trial. The post- trial stage is a third stage in a criminal case. This stage comes in the picture after the trial stage, when the judgment is delivered.
Post- trial stage consist of the appeals, revision and review. This article is written by Manmeet Singh, B. Note — The information contained in this post is for general information purposes only.
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