When you are facing criminal charges in Montrose, there will come a point where you must choose between accepting a plea deal or taking your case to a jury. This is a heavy burden to carry, regardless of the facts of the case or your personal history, and the thought of standing in front of a judge can feel overwhelming. Your future depends on the decisions made by strangers who will weigh the evidence presented in the courtroom, so this is not a choice you should ever make without the guidance of a legal professional.
To make an informed decision about how to resolve your case, it helps to walk through the specific stages that occur during a Colorado criminal trial. While every courtroom experience varies based on the charges, the legal procedures in our state generally follow a set series of steps. Brent Martin and The Martin Law Firm have been through this process with thousands of clients in serious criminal cases since 2001, and we believe that knowing what to expect can alleviate some of the stress you are experiencing.
Selecting a Jury
The first phase of any jury trial is known as “Voir Dire,” which is the process of selecting the people who will decide your case. The court summons members of the local community to appear, and both the prosecutor and the defense attorney have the chance to ask these prospective jurors questions to determine their fitness for the case. During this time, attorneys can remove individuals using challenges for cause if a bias is shown, or through peremptory challenges where no specific reason is required. Once both sides have used their allotted challenges and a full panel remains, the jury is sworn in.
Making Opening Statements
Once the jury is seated, the prosecutor must give an opening statement that acts as a roadmap for how the government plans to prove the charges against you. They will talk about the witnesses they plan to call and the physical evidence they intend to show the court. After the prosecution finishes, the defense has the opportunity to give their own statement, though Colorado law does not require the defense to say anything at all. Because the burden of proof rests entirely on the government, some attorneys wait, but often Brent Martin will use this time to point out flaws in the state’s narrative or offer a different version of events that supports your innocence.
Presentation of the Government’s Case
The prosecutor carries the weight of proving you are guilty beyond a reasonable doubt, which is why they are required to present their evidence first. This portion of the trial involves the “direct examination” of witnesses, where the prosecutor asks questions to bring out testimony, as well as the introduction of physical items like videos, photos, or medical records. As your defense team, we have the right to cross-examine every witness the state brings forward to test the truth of their statements and find inconsistencies in their story.
The Defense Presentation
After the prosecution finishes, the defense has the option to present its own evidence and witnesses. It is important to remember that because the state has to prove the case, you are not required to present a defense or even testify yourself. Deciding whether you should take the stand or call witnesses is a strategic choice that we make together based on how the trial is going and what will best protect your freedom.
Giving Closing Statements
When all the evidence has been shared with the jury, both lawyers provide a closing statement. This is the final chance to speak to the jurors and summarize everything they have heard over the previous days. We use this time to tie the facts together and explain why the government has failed to meet its high burden of proof.
Receiving Jury Instructions
Before the jurors leave to make a decision, the judge will read them a set of specific instructions regarding Colorado laws that apply to your charges. The judge will also remind the jury about any evidence that was restricted or thrown out during the trial, making it clear that they are not allowed to consider those specific details when they are deciding your fate.
Deliberating the Case
The jurors are then moved to a private room to begin their discussions. They will choose one person to act as a foreperson to lead the talks. In Colorado criminal trials, the verdict must be a unanimous decision, meaning every single person on the jury has to agree before the process can end. They will continue to talk until they reach a consensus.
Reaching a Verdict
When the jury reaches a unanimous “guilty” or “not guilty” decision, they return to the courtroom to announce it publicly. If the group cannot agree after a long period of time, the judge may declare a “hung jury.” If that happens, the trial is essentially canceled, and the prosecutor has to decide if they want to dismiss the case or start the entire process over with a brand-new trial and a new jury.
The Sentencing Phase
If the jury returns a guilty verdict, the judge is responsible for determining the penalty. Depending on the type of crime, the judge might hand down a sentence immediately, or they might schedule a separate hearing for a later date to allow for pre-sentence reports or victim impact statements.
The legal system is complicated and a trial can span many months from the time of your initial arrest. Having a seasoned trial attorney with over 20 years of experience in Colorado courts is vital when your life is on the line. If you are going through a criminal case in Montrose and need to know your options, call Brent Martin at (970) 730-4354 to discuss how we can help.