Pre-Trial vs. Trial in Criminal Cases
They say justice should be swift, but as we all know, the courts are slow-moving. In some cases, this can be beneficial to clients, allowing time to get things right and prepare a strong defense. However, in other cases, it can be detrimental and cause unnecessary stress and uncertainty.
But unless you studied law or have been involved in a legal dispute, you may not have much knowledge about the legal system and how it works. This lack of understanding can make it difficult to navigate through legal processes or even know when you need to seek legal help.
Criminal cases are generally divided into two phases or stages: pre-trial and trial.
The pre-trial phase is when a case is being investigated by law enforcement officers and prosecutors to determine if there is enough evidence to move forward with criminal charges. During this stage, the defendant may be arrested, questioned by police, and possibly released on bail.
This can take months or years particularly in high-profile cases or cases involving life sentences or the death penalty.
For example, one of the most well-known white-collar crime cases in recent years is that of FTX’s founder, Sam Bankman-Fried. Charges were brought forth in December 2022, but the trial didn’t begin until October 2023. That’s almost a full year of pre-trial procedures, which included evidence gathering, discovery, and plea negotiations. There are many steps and things that take place during the pre-trial period that prepare a case to go to the actual trial. In some cases, charges can be settled during the pre-trial period to avoid a trial altogether.
There are also timelines to these steps and requirements by both defense and prosecuting attorneys. Once all the pre-trial steps have been completed, then a trial can begin to resolve a criminal case.
Once a case moves into the trial phase, it means that the prosecutor has decided to pursue charges against the defendant. This is when both sides present their evidence and arguments in front of a judge or jury, who will ultimately decide if the defendant is guilty or not guilty.
These steps and all the things that need to happen to get to trial can be very detailed and confusing. It’s always best to hire a lawyer if you have been charged with a crime of any kind, including things like DUI. Not hiring a lawyer and trying to navigate the legal system can have devastating consequences if you get it wrong.
If you are facing criminal charges of any nature, it’s imperative that you hire a skilled and experienced criminal defense attorney to represent you. At the Defenders, we understand the seriousness of these charges and are dedicated to protecting your rights and fighting for your best possible outcome.
Our team of attorneys has years of experience in handling all types of criminal cases, from minor misdemeanors to serious felonies. We have a proven track record of success in defending our clients and achieving favorable outcomes, including dismissals, reduced charges, or acquittals.
Contact our office today for a free case evaluation.
What Are the Steps in the Criminal Process Before Trial?
There are several steps to even get to the pre-trial phase of a criminal case in Nevada.
Information and Indictments
The first step of the criminal process is information and indictments. This is just the beginning of the criminal court case process. Information and indictments are the process of the investigation into criminal activity in Nevada.
If a crime is suspected, the police will look into the activity to see if enough evidence exists to carry out an arrest and bring charges. Once the police have concluded their investigation, they present the findings to the D.A., who chooses to press charges in one of two ways:
- Present the evidence to a judge. If the judge agrees there is probable cause, an arrest warrant will be issued.
- Present the evidence to a Grand Jury. The Grand Jury must agree that there is sufficient evidence to charge the suspect. The prosecution will present the court with an indictment, the same as information to the court, and a warrant will be issued for the suspect. Grand Juries are rarely used and usually reserved for high-profile cases.
There is a statute of limitations to prosecute criminal cases in most circumstances except murder.
Arrest, Miranda Rights, and Booking Process
The next step is the arrest, Miranda rights, and booking process. Some cases don’t involve arrest and jail but citations and summons depending on the circumstances and charges against.
What Are The Steps in Pre-Trial?
There are very specific steps that need to be taken before a trial or case can be resolved.
Arraignment
This is the first pre-trial step after being arrested. An arraignment is usually the first court appearance the defendant makes. During the arraignment, the prosecution presents the charges against the defendant in front of a judge. The defendant will enter a plea of guilty or not guilty.
In almost all cases, the defendant enters a plea of not guilty even if they take a plea deal later. Once the arraignment is done, the judge will set another court date either for trial, a preliminary hearing, or a status update.
Pre-Trial Conferences
During pre-trial conferences, plea bargains are discussed.
Discovery of evidence is also established during this period. The prosecution must give all the evidence they have against the defendant to the defense team.
This involves specific requests, and errors can delay the process. If there is more than one defendant, this is where the defendant can request a motion to sever so they can be tried separately.
Preliminary Hearings
The next step in the pre-trial phase is preliminary hearings. During these hearings, much like a mini-trial, evidence is presented to the court, and the judge will decide if there is enough to move a felony case from justice court to district court where they try felony cases.
Defendants almost always lose the preliminary hearing, and the case gets moved to trial. These hearings are useful because they give your defense team a preview into the case the prosecution will present to the court.
Preliminary hearings also give the defense the opportunity to prepare a better strategy or negotiate a plea bargain. Once the preliminary hearings have concluded, the court will either dismiss the charges or allow the case to be “bound over” for trial. The prosecutor can amend the charges at this time.
What Steps Are Involved in a Trial?
Once all the pre-trial steps have been completed, the trial can begin. However, there are still a few things that need to happen before the trial starts.
Pre-Trial Motions
Right before the trial starts, pre-trial motions are presented to the court.
During felony cases, there may be several motions on both sides presented to the court. These include everything from a motion to suppress evidence to a motion to move the venue, to dismiss a particular witness.
Subpoenas
Before the trial, each side may ask the court to subpoena witnesses to testify. Once these two steps have been accomplished, the trial can begin.
Plea Bargains
On a side note, at any time during the pre-trial or trial phase, a plea bargain can be reached up until the verdict is entered.
Trial Phases
Everyone charged with a crime has the right to a bench trial in Nevada.
A jury trial is reserved for people facing more than 6 months in jail or those charged with domestic violence. Once all the pre-trial steps have been taken, the actual trial begins. Trials have several steps that include:
Jury Selection
If this is a jury trial, random people will be told to appear for jury service. Both sides can question the potential jurors and decide if they will be good for the trial. This is known as “voir dire” or to speak the truth.
Both sides have a number of peremptory challenges to remove jurors who might favor the other side based on questioning. Once the jury has been selected, the next phase is opening statements.
Opening Statements
This is where both sides present their opening statements to the judge or jury. These statements will lay out the case that will be presented.
Presentation of Evidence
Both sides then get to present their case evidence and witnesses, usually the prosecution goes first and the defense second. During the prosecution’s presentation of evidence, the defense can cross-examine prosecution witnesses. The defense will then take its turn to present its evidence, and the prosecution has the right to cross-examine the defense witnesses.
Closing Statements
After the evidence is presented, both the prosecution and the defense can present closing arguments. These are the conclusion statements putting all the evidence together for the jury or judge.
Jury or Judge Deliberations
The judge or jury will go over the evidence at this time and reach a verdict. This can take minutes to days depending on the complexity of the case.
The Verdict
Once a decision has been made by the judge or jury, the verdict or decision will be presented in court with both parties present. If the defendant is acquitted of the charges, this will be the end of the case.
If the defendant is found guilty, then the defendant will face sentencing.
Sentencing
If found guilty, the defendant will be sentenced. During sentencing, both sides have the opportunity to speak to the judge or jury about mitigating circumstances that could give reasoning for a particular sentence.
During this time, victims can read victim impact statements to the court about what they have suffered due to the crimes committed. After the statements from both sides, the judge or jury will impose the sentence on the defendant. This concludes the trial phase of the case.
Appeals
Once the regular trial is concluded, the defendant has the right to appeal the case to the next court, and the process basically starts all over.
Facing Criminal Charges? Hire The Defenders
As you can see, the trial and criminal court process is extremely complex, and even though justice is supposed to be swift, it usually is not. An experienced defense team can help you navigate the court and trial system.
One mistake can lead to devastating consequences that can follow you long after the case has been closed. If you have been charged with a crime, no matter what, at least make the call and speak with a lawyer who can at least tell you what you’re up against.
Call The Defenders today if you have been charged with a crime in Nevada.
