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Anatomy of a Criminal Trial

Anatomy of a Criminal Trial. West Melbourne Police Department Citizen’s Academy Court Night. Judge David E. Silverman Judge Rhonda Babb. Judge T. Mitchell Barlow, Jr. How does the case get started?. Arrest Probable cause Warrant Capias Notice to Appear Traffic Citation Summons

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Anatomy of a Criminal Trial

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  1. Anatomy of a Criminal Trial West Melbourne Police Department Citizen’s Academy Court Night Judge David E. Silverman Judge Rhonda Babb

  2. Judge T. Mitchell Barlow, Jr.

  3. How does the case get started? • Arrest • Probable cause • Warrant • Capias • Notice to Appear • Traffic Citation • Summons • Ordinance Violation

  4. What Court will the case be in? • Circuit Court • Felonies • More than 1yr prison / 5yr - $5,000 fine • Murder, Sexual Battery, Robbery, Burglary, Drugs • HTO DWLSR, 3rd Petit Theft, Battery or DUI • County Court • Misdemeanors • 1yr or less jail / $1000 (not traffic infractions) • DUI, Battery, Theft, Resisting Arrest

  5. What happens at first appearance? • Within 24 Hours • Release by schedule bond or PTR • Video or Live • Judge’s Role: • Advise defendants • Determine probable cause • Appoint counsel • Set reasonable bond

  6. How does the judge set bail? • Presumption for non-monetary release • Exception for violent offenses • Criteria for bond • Nature of offense • Prior criminal history • Legal constraint • Community ties • Health condition

  7. When will the trial be held? • Statute of limitations • Constitutional speedy trial • Speedy trial rule • Felonies – 180 days • Misdemeanors – 90 days

  8. What is a motion to suppress? • Motions to suppress based on unlawful • Detention • Search or seizure • Acquisition of statements • Motions in Limine • Relevance • Hearsay

  9. How are jurors selected? • Random selection • Driver’s license and voter registration • Jury districts • Legal disqualification • Absolute disqualification – Non-citizens, convicted felons • Excuse if requested – Pregnant, over 70 • Discretionary excusals – hardship or inconvenience

  10. What is voir dire? • Preliminary questioning by Court • Ability to serve • Scheduling problems • Questioning by counsel • Information and indoctrination • Experiences, feelings and opinions • Separate questioning • Challenges • Cause • Peremptory

  11. How is a trial conducted? • Jury Selection • Preliminary Instructions • Opening Statements • Witnesses and Exhibits • Examination • Cross-Examination • Closing Arguments • Instructions on Law • Jury Deliberations

  12. What mistakes do witnesses make? • Common problems • Intimidated witness • Run-on witness • Advocate witness • Opinions • Adverse facts • Defensive witness • Argumentative witness • Accommodating witness

  13. What is improper argument? • Opening Statement • Closing Argument • Questions and lawyer’s statements - not evidence • Argument – highlight facts and fair inferences • Character attacks, facts not in evidence • Mischaracterizing the law • Comments on silence – burden shifting

  14. How does the judge sentence? • Plea Bargain • Felony • Sentencing guidelines • Level of the offense, additional offenses, prior criminal history, legal constraint, victim injury • Downward departures • Capital cases • Sentencing hearing - Advisory verdict • Aggravating – mitigating circumstances • Overriding the verdict • Misdemeanor

  15. What will the sentence be? • Incarceration • Mandatory terms, enhanced maximums for habitual offender, firearm use, prison releasee, drug trafficking, capital • Fine and costs • Probation • Rehabilitation -- classes and counseling, community service, drug testing • Community Control

  16. What about an appeal? • Motions • Judgment of acquittal • New trial • Mitigation • Appeal • Next level • Capital appeals • Supersedeas bond

  17. Thank you for attending our presentation.

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