arraignment will be the trial. In a criminal case, defendants have a right for their
case to be tried by a jury of their peers. Prior to the trial, the defendant
will need to choose if they want a jury or court trial. It is more common
that a defendant will request a trial by jury, but in some cases, the
Pasadena criminal attorney may suggest that the alternative is used. In
the United States, all people are presumed to be innocent until they are
proven guilty by trial. The prosecution will then have the burden of proof
to convince the court or jury that the defendant is guilty.
In a trial for a misdemeanor, the trial will need to start within 30 days
of the arraignment or plea when the individual is being held in custody.
When they are not in custody the trial will not need to start until within
45 days. In a trial for a felony, section 1382 of the Penal Code specifies
when the trial will need to begin. The prosecutor in the case will need
to file the Information within 15 days from the preliminary hearing. The
trial will then need to begin within 60 days from the arraignment for
the Information. Depending on the situation, a defendant may choose to
waive their right to a speedy trial so that it does not need to take place
within the 60 day period of time.
Prior to the trial beginning, the lawyers will both be involved in the
selection process of the jury. When the trial has begun, opening statements
can be given if the lawyers choose to do this, and this will take place
before any evidence or witnesses are presented. Once the evidence has
all been presented to the court, closing arguments will be given. After
this, the verdict will be given.