Before the jury is seated
Trials are shaped by what happens in the weeks before them. Pretrial hearings can decide whether statements, searches, or identifications will be allowed into evidence, and rulings about prior conduct can affect whether a defendant chooses to testify. Requests to introduce evidence of the complainant's sexual history are governed by rules that sharply limit it, with narrow exceptions. Jury selection follows, and in these cases it often involves careful questioning about attitudes and personal experiences. The defense uses this period to complete its own investigation and prepare its witnesses.
What happens in the courtroom
The prosecution presents its case first, usually including testimony from the complainant, medical or forensic witnesses, and investigating officers, and the defense cross-examines each witness. The defense may then call its own witnesses, though it does not have to, because the burden of proof stays with the prosecution throughout. A defendant has a right not to testify, and on request the jury is instructed not to hold that choice against them. Closing arguments and the judge's instructions on the law come at the end. Deliberations can be short or long, and no one can reliably predict them.
Decisions that belong to you
Whether to go to trial at all, whether to testify, and whether to accept an offer that arrives late are your decisions. We prepare for each by walking through the evidence, the likely cross-examination, and what a conviction on any count would mean, including registration and immigration consequences. Families often want to attend, and we talk about what that will be like for them. We also go over courtroom conduct, since reactions in front of the jury are noticed. Our job is to make sure you understand every choice before it has to be made, not to predict the verdict. If the result is a conviction, we also explain the post-trial motions and appeal options and the deadlines that come with them.
