Criminal trials follow a very strict and complicated set of rules designed to allow the court to get as close to the truth as possible. Even though the rules apply to all cases, each is unique and unpredictable. Understanding how trials work can help determine what to expect throughout your case. Our legal team will be by your side each step of the way.
Pretrial hearings may include a grand jury, arraignment, and numerous pretrial conferences and status hearings. These pretrial proceedings may shape your trial and are often a good indicator of what is to come. The trial may be long or short, depending on the overall complexity of the case, and adheres to very strict rules and procedures. Having a lawyer to represent you throughout the trial may be best. If you are convicted, your case might not be over. Your lawyer can help you file an appeal if you believe the trial’s outcome was unfair or incorrect.
Call the Law Offices of John J. Zarych at (609) 616-4956 and ask our Atlantic City criminal defense attorneys for a free, confidential case review to get started.
What Happens Before a Criminal Trial in New Jersey?
While the trial is an important part of the process, it is not the only part. Numerous hearings and proceedings occur before the trial. What happens at these hearings often helps steer the trial and may influence the outcome.
First, depending on your charges, prosecutors must get an indictment from a grand jury. While a jury is present at this hearing, it is not the actual trial. Instead, a grand jury hearing is held to determine if enough evidence exists to put you on trial for the offenses with which you have been charged. Only defendants charged with indictable crimes have grand jury hearings. If you are charged with only disorderly persons offenses, you do not have a right to a grand jury.
If you are indicted, your case may move forward to an arraignment. This hearing is usually fairly brief and is typically a defendant’s first appearance before the trial court. At the arraignment, the judge must inform you of the charges against you and your rights, including your right to a lawyer. They should also check if you have retained a lawyer on your own or need one appointed. You may also be asked to enter a plea at this stage. If you plead not guilty, a trial date may be set.
Along the way, your case might have several pretrial and status conferences. These hearings are often held to check whether the case is ready or needs more time. Your trial date might be pushed back depending on how these conferences go. Our New Jersey criminal defense lawyers can also use these hearings to work out issues with the defense, like if more evidence and information need to be exchanged.
How a Criminal Trial in New Jersey Works
The trial itself is the heart of the case, and it is where you will finally have your day in court. Some trials are relatively short, others take weeks to complete. Talk to your attorney about how to prepare for your trial so you know what to expect.
Burden of Proof
The burden of proof in a criminal trial requires that prosecutors prove the charges against the defendant “beyond a reasonable doubt.” You have likely heard this phrase before on TV or in movies. It is an incredibly difficult burden to satisfy, and prosecutors have their work cut out for them. Leaving no room for reasonable doubts in jurors’ minds requires a lot of very strong, persuasive evidence, which prosecutors do not always have.
The job of your attorney is to raise reasonable doubt. This might involve presenting evidence that contradicts the evidence presented by prosecutors. For example, the prosecutor might present evidence of your fingerprints on a murder weapon, but the defense may present evidence showing your fingerprints got there only after the crime was committed. This may raise doubts over who actually used the weapon to commit the crime.
Technically, we do not have to present evidence at all. Instead, an effective strategy might involve pointing out flaws or weaknesses in the prosecutor’s evidence. This may be a great option if the evidence against you is flimsy at best.
Evidence and Objections
The lifeblood of almost any criminal trial is evidence. As mentioned, defendants do not have to present evidence as they do not have a burden of proof. However, presenting evidence can strengthen your defense and raise reasonable doubt among the jury.
What is your evidence? Perhaps there are witnesses who can testify about how you were not involved in the alleged crime. In some cases, witnesses can definitively place a defendant at a location far away from the crime when it happened, giving them a solid alibi.
We must also consider the importance of objecting. The prosecutor or one of their witnesses might say or do something not allowed in court. For example, prosecutors may not ask leading questions during direct examinations. Witnesses are supposed to answer questions on their own. Leading them to a specific answer undermines the court’s ability to determine the truth. If we object, the judge might sustain our objection. If the judge overrules our objection, the issue may be preserved for appeal. If we do not object to something, we cannot appeal it.
Appeals After a Criminal Trial in New Jersey
If you are convicted of a criminal offense, you may appeal the conviction, hoping to get a new trial. A direct appeal may be taken right after your trial is complete. According to N.J. Ct. R. § 2:4-1(a), appeals must be filed no later than 45 days from the entry of the final judgment.
A direct appeal may be filed if we believe a legal error occurred during your trial, leading to an incorrect or unfair verdict. A direct appeal does not involve new evidence or arguments. For example, suppose the judge provided incorrect jury instruction and we believe those incorrect instruction caused the jury to reach the wrong verdict. In that case, we can raise the issue on direct appeal.
Your appeal may be heard by a higher court, the appellate court. Instead of new evidence or even a rehashing of the evidence from the original trial, the court will examine and consider the record of your trial from the lower court. The appellate court will review the record for errors. Which errors the court looks for depends on what we appeal, specifically.
Contact Our New Jersey Criminal Defense Lawyers for Assistance
Call the Law Offices of John J. Zarych at (609) 616-4956 and ask our New Jersey criminal defense attorneys for a free, confidential case review to get started.
