|
|
 |
Certified as a Criminal Trial Specialist By the Tennessee Commission on Continuing Legal Education and Specialization |
|
4
|
|
|
TRIAL
The law provides that unless exceptions are granted by the court on request of the prosecution, a codefendant, or us, you will be tried no earlier than thirty (30) days or later than seventy (70) days after your first appearance. In practice, there are many things that can extend these times. Remember that we have considerable experience in representing people in criminal cases, and much that happens in the trial process involves strategic decisions of how and when issues should be presented. In these matters, we will keep you informed of why they have made certain decisions, but you must have the confidence in them to allow these decisions to be ours alone.
Unless waived, your case will be tried by a jury of twelve. After the prospective jurors are selected and sworn, the case is officially begun. Each side is allowed to make an opening statement of what the case is about, and what counsel believe is at issue. The prosecutor (Assistant United States Attorney) than presents the government?s witnesses and evidence. We may cross-examine every witness presented against you if they deem necessary.
Unless the court dismisses the charge(s) against you at the end of the government's presentation, we will have the opportunity to present the evidence and witnesses, if any, that we feel will best help you in the case. The decision as to which witnesses to call will be made by us, after consultation with you. You, on the other hand, must decide whether or not you will testify. We will give you advice on this, including the risks involved. The final decision as to whether you will take the stand is yours alone.
Next, each side has an opportunity to sum up the cases to the jury. The judge will then read the instructions to the jury for them to use in reaching their verdict. The jury will leave the courtroom to talk about the case until it has reached a unanimous verdict. If the jury cannot agree on a unanimous verdict, then a mistrial occurs, and you may have to have a new trial.
Remember, no two trials are alike. We will answer any specific questions you have about your particular trial.
How to Dress for Court:
-
Dress like a professional.
-
Dress conservatively and, when appropriate, wear good quality clothing.
-
If you have a choice, always dress as well as the other people who may appear in court.
-
Avoid wearing loud colors.
-
Remember that the "good guys" never black.
-
Always be neat and clean.
-
Avoid putting anything on your hair that makes it shine or appear greasy.
-
Avoid wearing tinted or dark colored glasses in the courtroom.
-
People will not believe you if they cannot see your eyes.
-
Wear only functional jewelry (e.g., wedding ring and wrist watch).
-
Large bracelets, rings, cufflinks, tie tacks and earrings are distracting to the jury.
-
Avoid wearing items that may identify a personal association or belief. Political buttons,club pins, college rings, religious jewelry may trigger some prejudices against you in the mind of a juror.
-
Dress to fit the expectations of your audience; juror expect you to look like a professional.
-
Remember that even a small flaw in your appearance will be noticed by someone on the jury and it may hurt your credibility.
GUILTY PLEA
You and I may decide after investigating the case and conducting plea negotiations with the prosecutor that a guilty plea would be in your best interests. If we do, we will negotiate as many sentencing c onsiderations under the applicable sentencing guidelines as well as the offense to which you would plead and the stipulated facts.
The court would then a conduct a change of plea proceeding at which time the court would advise you of your rights and to make sure that you understood that you are waiving your rights to a trial by jury before the court could accept a guilty plea. What follows are sample questions that the judge will ask you in some form before he can accept your guilty plea. He has to satisfy himself that you are pleading guilty voluntarily and knowingly and that you voluntarily and knowingly waiving your rights to a jury trial. We would go over these questions to make sure that you understand them before court so that you will be able to understand fully what the judge is asking you.
Next Page |
|
900 South Gay Street
Suite 1502, Riverview Tower
Knoxville, Tennessee 37902-1810
Telephone: 865-525-7980
Fax: 865-525-7896 |
|
|
|
 | The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements, certification, specialization or self-proclaimed expertise. Certifications of specialization are available to Tennessee lawyers in all areas of practice relating to or included in the areas of Civil Trial, Criminal Trial, Business Bankruptcy, Consumer Bankruptcy, Creditor's Rights, Medical Malpractice, Legal Malpractice, Accounting Malpractice, Elder Law, Estate Planning and Family Law. Listing of related or included practice areas herein does not constitute or imply representation of certification of specialization. These disclosures are required by the Supreme Court of Tennessee.This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. | | | |
|
