The steps of a criminal trial follow a set order: arraignment, plea negotiations and pre-trial motions, jury selection, opening statements, the prosecution’s case, the defense’s case, closing arguments, jury instructions, deliberation, verdict, sentencing, and appeal. Throughout every step, the government carries the burden of proving guilt beyond a reasonable doubt, and the Sixth Amendment guarantees the defendant a speedy and public trial, an impartial jury, knowledge of the charges, the right to confront witnesses, the power to compel witnesses to appear, and the assistance of counsel.1Library of Congress. U.S. Constitution – Sixth Amendment Most criminal cases never reach a jury because the parties settle through a plea agreement, but when a case does go the distance, this is how it moves.
The Right to a Lawyer Runs Through Every Step
Before any of the trial steps begin, the defendant has the right to an attorney. If you cannot afford one, the court must appoint counsel at no cost. The Supreme Court set this rule in Gideon v. Wainwright, holding that a defendant too poor to hire a lawyer cannot receive a fair trial without one.2Justia. Gideon v. Wainwright, 372 U.S. 335 (1963) The right applies to any charge that could result in jail time, and counsel is typically assigned at the defendant’s first court appearance.
Arraignment and Pre-Trial Steps
Arraignment
The arraignment is the defendant’s first formal appearance on the charges. The judge reads the charges, the defendant enters a plea of guilty or not guilty, and the court addresses bail, weighing community ties, criminal history, and any risk to public safety.3U.S. Department of Justice. Initial Hearing / Arraignment A not-guilty plea puts the case on the road to trial.
Plea Bargaining
Most criminal cases end here rather than at trial. In federal court, roughly 98 percent of cases resolve through plea agreements. The defendant pleads guilty, often to a reduced charge or with a lighter sentencing recommendation, and both sides avoid the risk of trial. The judge still has to approve the deal, and accepting a plea usually waives the right to trial and the right to appeal most issues.
Pre-Trial Motions
If the case is going to trial, both sides file motions to resolve legal disputes in advance. The most common defense filing is a motion to suppress evidence, arguing that the government obtained it through an unreasonable search, a coerced confession, or another constitutional violation. If the judge grants the motion, that evidence is out of the case.4National Institute of Justice. Motion to Suppress
The prosecution has its own pre-trial obligation. Under the Brady rule, prosecutors must turn over any favorable evidence in their possession to the defense, whether or not the defense asks. Withholding evidence that could have changed the outcome is grounds to overturn a conviction.5Legal Information Institute. Brady Rule
Speedy Trial Deadlines
Federal law sets hard clocks. Under the Speedy Trial Act, the government must file charges within 30 days of arrest and bring the case to trial within 70 days of the indictment or the defendant’s first court appearance, whichever comes later.6Office of the Law Revision Counsel. 18 U.S. Code 3161 – Time Limits and Exclusions Time spent on pre-trial motions and competency evaluations is excluded from the count. State courts have their own speedy-trial statutes, and the constitutional right to a speedy trial applies in every jurisdiction.
Jury Selection
The trial itself starts with picking the jury. The court summons a pool of potential jurors and questions them in a process called voir dire, where the judge and attorneys screen for bias. Each side is looking for jurors who can decide the case on the evidence alone.
Jurors get removed in two ways. A challenge for cause removes someone for a specific reason the judge accepts, such as a personal connection to the case or an admitted inability to be fair, and there is no limit on how many of these each side can make.7United States Courts. Facts and Case Summary – Batson v. Kentucky A peremptory challenge lets an attorney remove a juror without giving a reason, but the number is capped. In federal cases, each side gets 20 in death-penalty cases; in other felonies, the prosecution gets 6 and the defense gets 10.8Legal Information Institute. Federal Rules of Criminal Procedure, Rule 24 – Trial Jurors
Peremptory challenges cannot be used to remove jurors because of race or gender. The Supreme Court banned race-based strikes in Batson v. Kentucky and extended the rule to gender in J.E.B. v. Alabama.9Justia. Batson v. Kentucky, 476 U.S. 79 (1986)10Justia. J.E.B. v. Alabama ex rel. T.B., 511 U.S. 127 (1994) If one side thinks the other is striking jurors for a discriminatory reason, the judge can require a neutral explanation. Felony juries typically seat 12 members plus alternates.
A defendant can also waive the jury and let the judge alone decide the case in what is called a bench trial. The waiver must be voluntary and knowing, and in federal court the prosecution and judge must also agree.
Opening Statements
With the jury seated, each side previews its case. These are not arguments. The attorneys describe what they expect the evidence to show. The prosecution goes first because it carries the burden of proof.11American Bar Association. How Courts Work: Opening Statements The defense follows, or may reserve its opening until after the prosecution has finished presenting evidence.
The Prosecution’s Case
The prosecution presents first because it has to prove the charges. This phase, called the case-in-chief, involves calling witnesses and introducing physical evidence: documents, photographs, forensic results, recordings. The prosecutor questions each witness on direct examination. The defense then cross-examines, probing for inconsistencies and challenging credibility. The right to confront and cross-examine the government’s witnesses is itself a constitutional guarantee.12Constitution Annotated. Right to Confront Witnesses Face-to-Face
After the prosecution rests, the defense can move for a judgment of acquittal, arguing that even in the light most favorable to the government, no reasonable jury could convict. If the judge agrees, the case ends. If not, the defense decides whether to put on its own evidence.13Legal Information Institute. Federal Rules of Criminal Procedure, Rule 29 – Motion for a Judgment of Acquittal
The Defense’s Case
The defense is under no obligation to present anything. The defendant has a constitutional right not to testify, and the jury is instructed that it cannot hold that silence against the defendant.14Ninth Circuit Court of Appeals. Defendant’s Decision Not to Testify The Fifth Amendment right against self-incrimination means the prosecution cannot even comment on the choice.
When the defense does present, it mirrors the prosecution: calling witnesses, introducing exhibits, and subjecting its witnesses to cross-examination. The Sixth Amendment also gives defendants the power to subpoena reluctant witnesses. After both sides rest, either party may present rebuttal evidence to address specific points.
Closing Arguments
Closing arguments are the attorneys’ final chance to speak to the jury, and unlike opening statements they are openly persuasive. Each side ties the testimony together, argues what the evidence proves or fails to prove, and asks for a verdict. The prosecution goes first, the defense responds, and the prosecution gets a brief rebuttal last because it carries the burden of proof.
Jury Instructions and Deliberation
Before deliberations begin, the judge instructs the jury on the law. The instructions define the crime, list the elements the prosecution must prove, and explain reasonable doubt. Reasonable doubt is a fair, honest doubt based on the evidence and common sense; it does not require the government to eliminate every conceivable possibility of innocence.15U.S. District Court for the Eastern District of Michigan. Sample Standard Criminal Jury Instructions Incorrect jury instructions are one of the most common grounds for appeal.
The jury then deliberates privately. In federal court and every state, a conviction for a serious criminal offense requires a unanimous verdict, as the Supreme Court held in Ramos v. Louisiana.16Supreme Court of the United States. Ramos v. Louisiana, 590 U.S. ___ (2020)
The Verdict
A unanimous jury returns guilty or not guilty. An acquittal is final. The prosecution cannot appeal it and cannot retry the defendant on the same charges, because the Double Jeopardy Clause of the Fifth Amendment forbids it.17Constitution Annotated. Overview of Re-Prosecution After Acquittal
If the jury cannot agree, the judge may give an Allen charge, a supplemental instruction asking jurors to keep working toward a verdict. Courts use it carefully because the instruction can slip from encouragement into coercion.18United States Courts for the Ninth Circuit. 7.7 Deadlocked Jury If the jury remains deadlocked, the judge declares a mistrial. A hung-jury mistrial does not trigger double jeopardy, so the prosecution can retry the case.
Sentencing
A guilty verdict moves the case to sentencing, usually a separate hearing weeks or months later. The delay gives the court time to gather information before punishment is imposed.
A probation officer prepares a presentence investigation report covering the defendant’s background: childhood, family, education, employment, criminal history, finances, physical and mental health, and substance use, verified through interviews.19United States Courts. About the Office of Probation and Pretrial Services – Presentence Investigations In federal cases, this report must be completed before sentencing.20Office of the Law Revision Counsel. 18 U.S. Code 3552 – Presentence Reports
Crime victims also have the right to be heard. Under federal law, victims may deliver impact statements describing how the crime affected them, their families, and their finances.21U.S. Department of Justice. Victim Impact Statements
In federal court, the judge weighs the nature of the offense, the defendant’s history and characteristics, the need for deterrence, protection of the public, and the sentencing guidelines. Since United States v. Booker (2005), the federal guidelines are advisory rather than mandatory; the judge must consider the recommended range but can depart from it with an explanation. A sentence can include prison, probation, fines, community service, restitution, or a combination.
Appeals
A conviction is not necessarily the end. The defendant can appeal, but an appeal is not a retrial. The appellate court reviews the trial record for legal errors, not factual disputes. The jury’s findings about what happened are generally left alone.
Common grounds include improper admission of evidence, incorrect jury instructions, denial of constitutional rights, prosecutorial misconduct, and ineffective assistance of counsel. The error must have been serious enough to affect the outcome; a harmless mistake will not overturn a conviction.
Deadlines matter. In federal cases, a defendant must file a notice of appeal within 14 days of the judgment, and missing that window can forfeit the right entirely.22Legal Information Institute. Federal Rules of Appellate Procedure, Rule 4 – Appeal as of Right, When Taken If the appellate court finds reversible error, it can reverse the conviction, order a new trial, or send the case back for specific corrections. If it finds no such error, the conviction and sentence stand.