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What is the trial phase of a Criminal Case?
In a felony criminal trial, either a judge or a jury, but mostly the jury, hears, reviews, and examines the evidence in order to decide whether, “beyond a reasonable doubt,” the defendant committed the crime or crimes he or she has been charged with. Of course, the prosecution (district attorneys or city attorneys) has the burden of proving to the judge or jury that the accused (the defendant) committed the offense or offenses in the indictment in hope of obtaining a “guilty” verdict and a conviction of the accused (defendant).
At the trial, the accused (the defendant), through his or her attorney has the opportunity to contest and rebut the prosecutor’s claim and evidence, and present his or her own evidence to show and prove his or her innocence, albeit that a person is innocent until proven guilty beyond a reasonable doubt. After both sides have presented their evidence and case (this is called case-in-chief) and made their arguments, the judge or the jury considers whether to find the accused (the defendant) guilty or not guilty of the crime or crimes listed and charged in the indictment.
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