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What is the Criminal Trial Process?

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What is the Criminal Trial Process?

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Chicago Criminal Defense Attorney

If you have been arrested and charged with a crime you are probably wondering what the criminal trial process is. It may be that you have never been through the justice system before and have never hired a criminal attorney before. Criminal attorney Michael Schmiege is an experienced criminal lawyer handling cases throughout Chicago. Below is a brief summary of the criminal trial process. If you have additional questions please do not hesitate to contact criminal lawyer Michael Schmiege.

Pre-trial Motions

After your arrest and grand jury indictment but before a trial, the prosecution and your criminal attorney will file a number of pre-trial motions. These might include motions to admit or suppress evidence, motion to dismiss the case, and a motion to change the venue.

Negotiation

Usually after these motions are filed and ruled upon, the prosecuting attorney and your defense counsel will most likely attempt to negotiate a plea deal. For a client that is innocent, taking a plea bargain might seem on its face like a bad idea. However, a dedicated and skilled criminal attorney will know when it is a good idea for even an innocent client to take a lesser charge.

For example, if you are charged with a DUI and your criminal defense attorney believes it is likely a judge or jury will find you guilty, he may strongly urge you to take a reduced traffic charge that might come with a high fine but none of the jail or license suspension requirements that accompany a DUI conviction. It could be well worth not risking having a DUI on your record to take a plea bargain. In the end, though, it is up to you whether or not you want to take any plea bargain offered to you.

Jury Selection

If there is no plea agreement, the first step in a criminal trial is jury selection. Your criminal attorney and the prosecution will question a number of citizens selected to appear for jury duty and will narrow it down to twelve jurors. Your criminal lawyer will do his or her best to select a jury that will find you the most favorable verdict.

The Trial

At the beginning of a trial, the jurors are sworn in. Then the prosecutor must make an opening statement in which he lists all of the elements of the defendant’s charged offense and that he can prove each and every element. Then, your criminal defense attorney may make an opening statement or wait to make it until after the prosecution presents the government’s case.

The prosecution presents the government’s case first. The prosecutor will introduce evidence and interview witnesses who are under oath. The defense can cross-examine any of the prosecution’s witnesses. Then, the defense presents your case in the same manner, and the prosecution may cross-examine your witnesses.

During the trial, the burden of proving your guilt is on the prosecutor. The defense does not have to present a case.

The prosecutor must prove to the jury that you committed every element of an offense beyond a reasonable doubt. This means that if there is any reasonable doubt left in any one of the juror’s minds, then the jury must find you not guilty.

At the conclusion of trial, the parties make their closing arguments to the jury. Then, the jury convenes to decide if you are guilty or not guilty.

How We Can Help

Please contact criminal defense attorney Michael Schmiege today for a free consultation if you have been accused of a crime.

Are you facing criminal charges in the Chicago area? At the Law Offices of Michael P. Schmiege, our founding attorney has years of experience in protecting the rights of people who have been accused of DUI, drug crimes, violent crimes, theft, white collar crimes, arson, armed robbery, criminal appeals, sex crimes, and more.

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What our clients say about our criminal defense legal services

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Never over-promises, but definitely delivered more than we had hoped for.

"Michael Schmiege is an excellent attorney. He is honest, diligent and gets great results. If you find yourself in need of a lawyer, he is great at what he does. Never over-promises, but definitely delivered more than we had hoped for. His team will help you all the way. Answers all your questions promptly and clearly states what to expect. I highly recommend Michael and his team. They CAN and will help!"

C. Underwood
best criminal defense lawyer chicago

He understood that I made a mistake but it didn’t define who I was...

"I am so appreciative of the help and support that I received from Michael and his team members! They truly helped me figure out my case and I got outstanding results. If anyone can help you get great results, it’s Michael. I had an immigration issue as well and he worked with my immigration lawyer to help find the best solution. He understood that I made a mistake but it didn’t define who I was. I definitely don’t want to go through any of this again but I’m glad that I had the support to get through this."

M. Peterson
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Michael Schmiege represented me on my Theft charge and I was found not guilty!

"Mr. Schmiege is well respected by the court because he is a very honest man. He was very kind and respectful to me. His fees were reasonable. His office is very easy to find, and his staff is very helpful."

A.F.
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