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Trial By Tony Comunale, Esq  If an agreement cannot be reached then the only option may be to take the case to trial. The decision to go to trial should be carefully weighted with your attorney. Your attorney should advise you fully of the possible consequences, outcome, defenses, and likelihood of success. If ultimately a decision is made that taking the case to trial is the best chance for a positive outcome your attorney should work with you to carefully prepare for the presentation of the case. This will include things like preparing you for the possibility of testifying, advising you of the witnesses that will testify and explaining to you the approach or defense strategy that will be used. At our office we devote a great deal of time to trial preparation and it is not unusual for us to meet on a daily basis with the client in the days leading up to trial. The trial procedure starts with selecting a jury. In a felony case that will include twelve people selected from a group of people that live in the county where the case occurred. During the selection process the attorney will be question the jury to fully insure that they can be fair and impartial in your case. This process is called "voire dire" After jury selection is made opening statements begin. Each side, beginning with the prosecution is allowed to outline what they think the evidence will be. A strong opening statement is important to persuade the jury, before the case even begins, that a defendant is not guilty. After opening statements evidence is then presented. First the prosecution presents its case. After the prosecution's evidence is presented often a defense attorney will attempt to have the case dismissed, for failure of the prosecution to prove one or more elements of the charges. If that request is denied the defense will then present its evidence. At the close of the defense evidence the prosecution is given an opportunity to present its rebuttal evidence. The prosecution is gets to go last because, at all times, the prosecution carries the burden of proving the charges a criminal defendant need not prove anything. At the conclusion of rebuttal each lawyer is given the opportunity for a closing argument. This is the opportunity for the defense attorney to argue directly to the jury why they should, acquit. The jury is then instructed by the judge on the law and then deliberates ultimately, rendering a verdict. On to
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