A criminal trial occurs after a prosecutor has formally charged the defendant. However, a defendant can avoid a criminal trial if they plead guilty.
In Minnesota, if a defendant does not plead guilty, there are four phases of a criminal trial. The first is the pretrial motions phase, the second is the trial phase, the third is the sentencing phase, and the last phase is appeals.
This essay discusses the basics of a criminal trial and introduces readers to an element of trials called “continuance.” You will understand what a continuance is, how to ask for a continuance and the grounds on which a judge can reject a continuance request.
The Basics of a Criminal Trial
A criminal trial follows when a person formally faces criminal charges. The prosecutor’s burden of proof rests on showing that the defendant is guilty. Those affected should get in touch with attorney Omeed Berenjian of BK Law Group. During the trial, the judge or jury determines whether or not the defendant committed the crime.
The standard of proof is beyond reasonable doubt. It means that the prosecutor must prove beyond reasonable doubt that the defendant is guilty. To represent this standard in percentages, the prosecutor must prove that the defendant committed the crime to a 98 or 99 percent degree.
Elements of Criminal Trials
A criminal trial is in different phases in court. These phases form the process of a criminal trial.
The court invites a group of different individuals to the court. The attorneys ask them questions. The prosecutor and defense may exclude a person from forming the jury based on the answers they give to their questions.
An opening statement is an overview of the case from the perspective of the two parties. The prosecutor and defense get to make an opening statement at the beginning of the trial. The prosecutor usually goes first.
The prosecutor and defense call witnesses to take the stand and interrogate them about the case. Each side has a witness whose testimony will favor its case. However, when either side calls its witness, the opposing side gets to cross-examine that witness.
A closing statement is the summary of the argument of either party. The prosecutor typically goes first.
Jury Instruction
The judge typically explains the case to the jurors, provides information on the criminal charges against the defendant, and instructs the jurors on the legal standard to apply when evaluating the case and making the verdict.
Verdict
After the prosecutor and defense have made their case, the jury evaluates the evidence and arguments presented. They then apply the legal standards admonished by the judge, which will help them decide unanimously whether the defendant is guilty or not.
An Introduction to the Concept of Continuance
A continuance is a formal delay in trial. The prosecutor or defense may formally request a continuance either before the commencement of the trial or during the trial.
For example, a party may request a continuance to afford them more time to find an important witness. The court only grants a continuance based on an important issue. Also, the court frowns on excessively requesting a continuance.
It is important to note that granting a continuance is not automatic upon request. There must be a good reason for requesting a continuance, and a judge may reject a continuance request if the reasons are not good.
How to Obtain a Continuance
To obtain a continuance, the requesting party must file a motion for continuance, which is a written request, in the court where the trial occurs.
The written request must provide the reason for the continuance request and include service with a summons in addition to the motion. The judge then reviews this request and determines its merits.
Reasons for Acceptance of Continuance Request
Different issues may arise that may necessitate the need for a court continuance. The prosecution or defense may have a reason for demanding a continuance.
Either party may request a continuance when they are not sufficiently prepared for the trial. Various factors contribute to this ill-preparedness. They include having a large number of witnesses to prepare for, delays in lab testing results, and the health of the prosecutor or defense.
A change in indictment is valid grounds for requesting a continuance. For example, a change in the state of occurrence of an act may lead the defense to request a continuance to get more time to prepare for this change and find new evidence.
Introduction of New Evidence or Witness
If new evidence or witness was not included before trial, either party may request a continuance to adequately prepare and evaluate such evidence. Such evidence supports the case of the opposing party to a great extent. Also, the disappearance of a witness may constitute valid grounds for a continuance.
Change of Attorney
When a defendant changes attorney, the new attorney may request a continuance to evaluate the case. However, the judge will consider if the defendant delayed appointing a new counsel to get more time. The judge may reject the continuance request if the defendant fails to provide reasons for the change in counsel.
Failure to Serve with a Summons
The law provides a valid ground for requesting a continuance if the defendant was not served with a summons. Failure of the court to provide ample time before trial also provides valid grounds for a continuance request.
Reasons a Judge May Reject a Continuance Request
When the reason for requesting a continuance was the requesting party’s lack of diligence, the judge may reject such a request. For example, requesting a continuance on grounds of missing key evidence due to negligent reasons is grounds for rejecting a continuance request.
As a result, attorneys must not bank on having their continuance request accepted to postpone doing the right things at the right time. They cannot afford to make mistakes, hoping a continuance will afford them time to fix them.
There is no limit to the number of continuance requests one can make. However, the court frowns upon excessive continuance requests, especially when they are used as delay tactics.
Concluding Remarks
Requesting and obtaining a continuance is not as easy as it seems. You need to convince a judge to grant your request. That is why it is important to engage a lawyer if you have a criminal case.
An attorney can help evaluate your case and appropriately request a continuance, stating a good reason that a judge may accept. However, it is important to remember that judges may refuse a continuance request if the cause is not good.
