Going to trial: The prosecution presents its case
In a previous post, we explained the significance of the opening statements proffered by the state prosecutor and your Miami criminal defense attorney. Once one or both of these statements have been made (based on what your legal counsel deems most appropriate and effective for your case), it will fall to the state to make a case against you.
By law, you are innocent until proven guilty, and the burden of proof lies upon the state. That means that the prosecutor must provide evidence that establishes your role in the criminal act in question beyond a reasonable doubt. This is typically done by calling witnesses to the stand to review specific details regarding your case. The prosecution may also present material evidence.
When the prosecution calls a witness to the stand, they will conduct a direct examination. During this time, your Miami criminal defense attorney has the ability to raise objections – typically regarding the prosecutor’s line of questioning. A common objection is that the prosecutor is asking “leading questions,” which supply the witness with the desired answer, rather than letting them recount the event objectively. A judge may either sustain the objection – meaning the prosecutor must adjust their approach – or dismiss it.
Once this process is complete, your Miami criminal defense lawyer will have the opportunity to cross-examine each witness. At this time, they may bring up any discrepancies in the individual’s testimony – often as it compares to the deposition they gave prior to trial. Your lawyer may also ask questions to illuminate any potential bias or lack of credibility in the witness.
Scott A. Ferris, Esq. is an experienced criminal defense attorney who will advocate fiercely on your behalf and identify discrepancies in the prosecution’s argument that may benefit your case.