The Role of a Felony Defense Lawyer at Trial

By Abraham Avotina

If you have been arrested for a crime, you are most likely scared and confused about the penalties you are facing and what you will experience during your time in court. You may be worried about your case going to trial and having to defend yourself against the charges against you. Fortunately, you will not be alone. All criminal defendants who are facing possible jail time have the constitutional right to a felony defense lawyer, who can advocate on their behalf at trial.

Although exact trial procedures vary by jurisdiction, the basic structure is the same. The trial will begin with jury selection. During jury selection, the prosecutor and your attorney will have the chance to question potential jurors about their views and life experiences. They are barred from referencing the facts of the case, but may ask general opinion questions or use metaphors to elicit a potential juror's viewpoint. Each side will receive a certain number of peremptory strikes, which may be exercised for any non-discriminatory reason. Both sides may also strike jurors for cause, which can be done if a potential juror does not meet the minimum qualifications or if he or she cannot render a fair and impartial verdict.

After a jury has been selected, both sides will deliver an opening statement. The prosecution goes first, followed by your felony defense lawyer. During the opening statement, both sides will tell the jury what they expect to prove during trial. They may refer to the facts of the case and discuss evidence, but they may not make arguments about what the jurors can infer from that evidence.

Following the opening arguments, the prosecution will present its case in chief. The prosecutor will present witnesses and ask them direct, non-leading questions. Their testimony will be evidence for the jury to consider. The prosecutor may also introduce documents, photographs, or physical evidence through these witnesses. A felony defense lawyer will get the chance to cross-examine these witnesses following the government's direct examination. Your attorney will be able to ask leading questions that cast doubt upon the witness's account or impeaches his or her credibility.

Next, it will be your turn to present a case-in-chief, if you elect to do so. Your attorney can call witnesses and conduct direct examinations, and the prosecution will have a chance to cross-examine each witness. You do not have to testify, because criminal defendants have a constitutional right against self-incrimination. However, if you do testify, the prosecution will be able to cross-examine you about your prior convictions and about the details of the crime. Additionally, defendants do not need to put on any case at all. Because a defendant is presumed innocent until proven guilty, a jury is not permitted to consider failure to put on a case as evidence of the defendant's guilt.

Finally, the prosecution and your felony defense lawyer will present closing arguments, where they will recap the witnesses and evidence and argue what that evidence shows regarding your guilt or innocence. The prosecution will go first and your attorney will follow. The prosecution then gets a rebuttal argument. After the government's rebuttal, the judge will instruct the jury on the law and they will be taken to another room to deliberate.

In need of representation from a felony defense lawyer? Joseph K Scott III Attorney at Law will be able to help. Discover more about his legal services at http://josephkscott.com.

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