Facing a criminal trial is one of the most daunting experiences anyone can endure. The stakes are incredibly high—your freedom, reputation, and future are all on the line. If your case is not dismissed and you do not receive a favorable plea bargain before trial, with expertise of a seasoned Missouri criminal defense lawyer becomes invaluable you can still have your day in court and have your freedoms protected.
A defense attorney is not just your legal representative; they are your advocate, strategist, and protector. From the moment you step into the courtroom, their role is to ensure that your rights are safeguarded, that the prosecution’s case is thoroughly challenged, and that the court and jury see you as a person, not just a case number. The trial is the culmination of all the preparation and hard work discussed in the previous chapter, “Build a Strong Defense.” Now, your lawyer will put that strategy into action to achieve a “Not Guilty” verdict.
Stages of a Criminal Trial in Missouri
The stages of a criminal trial can generally be outlined as such:
- Deciding whether you want a bench or jury trial
- Voir Dire (jury selection)
- Opening statements
- Presenting evidence
- Closing arguments
- Jury deliberation and verdict
This chapter will guide you through the trial process in Missouri, providing insights into how your lawyer will represent you at every stage of a criminal trial. You’ll learn about the key phases of a trial, the strategies your lawyer will employ, and how they will work tirelessly to achieve the best possible outcome for you.
1. Bench or Jury Trial?
One of the first strategic decisions in your trial is choosing between a bench trial and a jury trial. Generally speaking, your criminal defense attorney may recommend a jury trial when your case largely comes down to a question of fact, or a bench trial if your case centers around a question of law.
Jury Trial
A question of fact changes from case to case, and involves the actions and circumstances around the alleged crime, based on the evidence presented by both sides. If your case hinges on a question of fact, your criminal defense lawyer may recommend a jury trial, where a group of your peers would decide what occurred. Examples of questions of fact include:
- Determining whether a defendant was present at the scene of a crime
- Assessing the credibility of witnesses and deciding whose testimony is more believable
- Determining if the defendant had the requisite intent to commit a crime
- Deciding if the defendant’s alibi is credible and supported by evidence
- Deciding whether the defendant acted in self-defense during a confrontation
Juries are more likely to be swayed by emotional arguments or personal narratives, which can be advantageous in cases where the facts support a compelling story in your favor. It is also more difficult for the prosecution to get 12 people to agree on a fact as opposed to just one person (the judge).
Thanks to the Sixth Amendment, anyone accused of a crime in the United States has a right to a jury trial over a bench trial if they so choose.
Bench Trial
A question of law involves the interpretation or application of legal principles, statutes, or rules. It refers to issues about what the law is, how it should be applied, or whether a particular rule of law applies to the case at hand. As opposed to questions of fact, questions of law do not change from case to case, rather they seek to address which elements of the law should be applied to a case. For example:
- If two or more laws conflict, the judge decides which one applies
- Interpreting the meaning of a statute
- Balancing the accused’s constitutional rights with the state’s right to prosecute a crime
In a bench trial, the judge alone decides the verdict. Judges are equipped to understand and apply legal principles without the potential biases or emotional reactions (or misunderstandings of law) that a jury might have. For example, in a bench trial involving a complex financial crime, where the case hinges on the interpretation of financial regulations or technical accounting details, a judge’s expertise in the law can be advantageous. Judges are better equipped to parse through intricate legal arguments. In a standard jury trial, the jury decides questions of fact while the judge decides questions of law. In a bench trial, the judge does both.
Bench trials are also used in juvenile crimes and municipal offenses like traffic tickets.
Your defense lawyer will carefully evaluate the nature of your case, the evidence at hand, and the likely perceptions of either a judge or jury. While the ultimate decision is up to you, an experienced criminal attorney’s insights will be invaluable.
2. Jury Selection
If you opt for a jury trial, the 12 members of your peers chosen for the jury will decide your fate. Because of that, both the prosecution and defense teams participate in jury selection, known as voir dire, which involves questioning potential jurors to uncover any biases, preconceived notions, or personal experiences that might affect their impartiality.
Your lawyer will look for jurors who can be fair and objective but also those who might be more sympathetic to your defense. For example, if you are accused of drug manufacturing or drug trafficking, your criminal defense lawyer would likely challenge the participation of a juror who had a loved one who died of an overdose, while they may welcome the participation of someone with a loved one who successfully completed rehab and stayed clean.
There are two types of challenges your criminal defense attorney can make in Missouri, peremptory challenges and challenges for cause.
- Peremptory Challenges: These challenges mean that your attorney and the prosecution can each dismiss a juror without having to provide a reason to the court, with the exception of discrimination based on race, ethnicity, gender, or religion (see: Batson v. Kentucky, in which the U.S. Supreme Court ruled that doing so violates the Fourteenth Amendment). Under Missouri Revised Statute §494.480, the state and defense can each use:
- Nine peremptory challenges in a death penalty case
- Six peremptory challenges in a felony case
- Two peremptory challenges in a misdemeanor case
- Challenges for Cause: A challenge for cause is when either the defense or prosecution asks the court to remove a potential juror from the jury pool because they believe the juror is not able to be impartial or is otherwise unfit to serve. The specific reason must be given to the judge, who has the final say in the dismissal. Examples include people who have a relationship with someone involved in the case, people who have prior knowledge of the case and have already formed an opinion, people whose life experience has created a strong bias towards an element of the case, or people whose religion or beliefs prevent them from following the law as explained by the judge. Both the defense and prosecution have an unlimited number of challenges for cause.
The goal during jury selection is to form a jury that is as unbiased as possible, or at the very least, one that is receptive to the defense’s arguments. Your lawyer’s expertise in this phase can significantly influence the trial’s outcome, making it a pivotal part of your defense strategy.
3. Opening Statements
The opening statement is the part of the trial where your defense lawyer sets the stage for your case. It’s their first opportunity to present your narrative to the judge or jury and to shape how they perceive the evidence that will follow. Unlike closing arguments, opening statements are factual previews that outline what the defense intends to prove.
Your lawyer will aim to:
- Present a coherent story that casts doubt on the prosecution’s case
- Build trust with the jury by presenting facts clearly and confidently
- Highlight key pieces of evidence that support your innocence or create reasonable doubt
For example, in a self-defense case, the lawyer might emphasize the danger you were facing and the steps you took to protect yourself, setting the stage for later evidence that corroborates this narrative. In another case, they may present doubt that the prosecution’s evidence is as good as they say it is. The goal is to leave the judge or jury with a clear understanding of your defense and to prepare them to view the prosecution’s evidence with a critical eye. By establishing a strong foundation, your lawyer helps ensure that the jury is open to your side of the story as the trial unfolds.
The prosecution presents their opening statement first, allowing your criminal defense attorney to attack the prosecution’s case directly. In a recent Combs Waterkotte victory in a sex crimes case, the prosecution had intended to use a felony conviction 15 years earlier against the defendant. We acknowledged the felony conviction and reiterated that it was irrelevant to the current charges and that the defendant had nothing to hide. Taking on that part of the state’s argument head on took the wind out of the prosecution’s sails.
4. Presenting Evidence
The bulk of the trial is made of each side – the prosecution first – presenting their witnesses and evidence while the other side has an opportunity to dispute those claims. Presenting evidence is a pivotal phase of the trial where your defense lawyer actively builds your case by introducing evidence that supports your innocence or raises reasonable doubt about the prosecution’s claims. This process involves several key steps:
- Cross-Examination of Prosecution Witnesses:
- Your lawyer challenges the credibility and reliability of the prosecution’s witnesses through strategic questioning.
- Example: Highlighting inconsistencies in a witness’s testimony or exposing potential biases.
- Defense Evidence Presentation:
- Your lawyer introduces evidence such as documents, physical evidence, and witness testimony that supports your defense narrative.
- Example: Providing an alibi through witness testimony or presenting physical evidence that contradicts the prosecution’s claims.
- Expert Testimony:
- Utilizing experts to provide specialized knowledge that can challenge the prosecution’s evidence or support the defense’s theory.
- Example: A forensic expert might testify that the physical evidence was mishandled, that forensic methods used by the prosecution were flawed, or that the forensic evidence is inconclusive.
- Objections and Protecting Your Rights:
- Your lawyer actively monitors the prosecution’s presentation of evidence, objecting to any improper or illegally obtained evidence.
- Example: Objecting to the introduction of hearsay or evidence that was obtained without a proper warrant.
Throughout this process, your lawyer’s goal is to systematically dismantle the prosecution’s case while reinforcing your defense narrative, ensuring that the judge or jury sees the weaknesses in the prosecution’s evidence and is persuaded by the defense’s arguments. Remember, your criminal defense attorney doesn’t have to prove your innocence, just that there is reasonable doubt in the prosecution’s version of events.
5. Closing Arguments
Unlike the factual preview provided in the opening statement, the closing argument allows your defense lawyer to interpret the evidence, persuade the jury, and make a compelling case for why the evidence presented should lead to a not guilty verdict. The closing argument is the final opportunity for your defense lawyer to address the jury or judge, summarizing the evidence and reinforcing the key points of your defense. This phase is vital in shaping how the jury interprets the information presented during the trial. In closing arguments, your criminal defense lawyer may:
- Summarize the Defense Case:
- Your lawyer will revisit the central themes of your defense and explain any new evidence presented at trial, highlighting the evidence that supports your innocence or casts doubt on the prosecution’s case.
- Example: Emphasizing the lack of direct evidence linking you to the crime or pointing out lack of motive.
- Reinforce Reasonable Doubt:
- The lawyer will stress any gaps in the prosecution’s case, underscoring the principle that the burden of proof lies with the prosecution.
- Example: Arguing that your DNA’s presence at a crime scene could be the result of “trace DNA.”
- Humanize the Defendant:
- Your lawyer may appeal to the jury’s emotions by reminding them of your character, background, and the impact that a guilty verdict would have on your life.
- Example: Highlighting your positive contributions to the community, lack of previous criminal convictions, or the potential consequences of a conviction on your family.
- Address the Jury Instructions:
- The lawyer will guide the jury on how to apply the judge’s instructions to the facts of the case, emphasizing legal standards and how the facts of your case fit or don’t fit the definition of certain laws or instructions.
- Example: In a self-defense case, your attorney will tie legal standards for terms such as “reasonably believes” and “imminent use of unlawful force” to what happened in the moment.
- Offer a Final Appeal:
- In the closing moments, your lawyer will make a compelling appeal for acquittal, urging the jury to deliver a verdict based on fairness, justice, and the evidence—or lack thereof—presented during the trial.
The closing argument is designed to leave a lasting impression on the jury, tying together all the elements of the defense to advocate for your acquittal. It’s the culmination of your criminal defense attorney’s efforts to protect your rights and secure the best possible outcome.
6. Jury Deliberation and Verdict
After receiving the jury instructions, the jury retires to deliberate in private, discussing the evidence and arguments presented during the trial. During this phase, the jurors assess the credibility of witnesses, the strength of the evidence, and apply the legal standards provided by the judge. Under both U.S. and Missouri law, all 12 jury members much reach a unanimous verdict. If they cannot, they must notify the judge, who will either send them back for more deliberations with more instructions, or declare a mistrial.
While your criminal defense lawyer can’t do more to influence the jury once deliberations begin, they will prepare you for any possible verdict – guilty, not guilty, or a mistrial. This includes discussing potential next steps, such as appeals or retrials if necessary.
The jury’s decision is announced in court. If the verdict is not guilty, the case concludes, and you are acquitted. If the verdict is guilty, your defense attorney can begin planning post-trial motions or sentencing strategies.
