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The court will then schedule pretrial conferences and hearings for the case. These hearings allow the prosecution and the defense to meet and discuss the strengths and weaknesses of the case. They also may resolve issues with the evidence and negotiate potential plea bargains, if necessary.
If the two sides cannot reach an acceptable plea agreement, the judge will schedule the case for a trial. The length of the trial depends on the nature of the case and the complexity of the charges against the individual, but a trial usually proceeds as follows:
Following the trial, the jury will meet to determine the guilt or innocence of the defendant based on the evidence. The jury in a criminal trial must issue a unanimous verdict. If even one juror does not agree with the verdict, it is a “hung jury” and the judge will declare a mistrial. The prosecution must then decide whether to retry the case.
If the jury returns a “not guilty” verdict, the defendant is free to leave the courtroom and is not convicted of any criminal offense.
If the jury returns a “guilty” verdict, the judge must follow state guidelines in sentencing the individual for the offense. The judge will also consider factors such as the individual’s prior criminal history, level of remorse, and acceptance of responsibilities as well as the severity of the offense. If applicable, the individual then will serve any term of incarceration that is part of the sentence.
While legal proceedings typically follow the steps outlined above, there may be variations from one jurisdiction to the next. As a result, consulting a trusted criminal defense lawyer may give you more detailed information about impending legal proceedings.
All individuals have the right to a strong defense when facing criminal charges. When the potential penalties for an offense are severe. An experienced criminal defense attorney could assist you in building a defense and fighting back against the accusations against you.
For more information on this topic please reach out to our experts from the Texas Criminal Defense Group at (866) 557-4343 or through our contact page.
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