- Steps in a Trial
Steps in a Trial
STEPS IN A TRIAL
1. All those who expect to testify for the prosecution are sworn in as they are called as witnesses.
2. The prosecution has the burden to show that you are guilty as charged. To do this the prosecutor will bring forward witnesses who will testify to their knowledge. The witnesses may be police officers or civilians or both.
3. After each of the City’s witnesses has answered the prosecution’s questions, you will be allowed to question the witness. At this time you may only ask questions, not make statements. You may present your side of the case later.
4. When the City finishes:
You may remain silent.
Your silence will not be an admission of guilt. You are not required to prove your innocence.
You may call witnesses to testify on your behalf.
You may testify under oath and be questioned as any other witness.
5. After the City prosecutor has presented the City’s case, he will rest his case.
6. It is your obligation to have your witnesses present at your trial. If your witnesses are not willing to testify or if you need witnesses subpoenaed, the Court Administrator will provide you with a blank subpoena for you to complete. You should return the subpoena to the court two working weeks before your trial date.
7. You have the right to testify on your behalf. You have a constitutional right not to testify. If you chose not to testify, your refusal cannot be used against you in determining guilty or innocence.
8. After the defense witnesses testify, the defense will rest. The City has the right to question you if you testify or any witnesses the defense calls.
9. Upon both sides resting their case, the Judge will decide a verdict of either guilty or not guilty based on the testimony and evidence which sounds most reasonable, the facts presented during the trial, and the law of the case.
A guilty verdict will result in a conviction of the charges brought against you. The Judge will inform you of the fines assessed and instruct you on the options for payment.
You will also be informed of your right to appeal the verdict to the Leavenworth District Court. Please refer to the Right to Appeal section for information regarding the appeal process.
A verdict of not guilty will result in the conviction your case is closed and no fines are assessed.