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Criminal Trial Flow

This page provides a quick-reference sequence for criminal trials before the San Andreas Judiciary. For detailed rules concerning evidence, witnesses, motions, pleas, and sentencing, see Court Procedures.
The presiding judge may modify the order of trial when reasonably necessary for fairness, efficiency, witness availability, or the circumstances of a particular case.

Trial at a Glance


1. Court Is Called to Order

The judge opens the proceeding and identifies the case. The court should confirm:
  • Defendant;
  • Prosecutor;
  • Defense counsel;
  • Any self-represented party;
  • Necessary court personnel; and
  • Other appearances relevant to the proceeding.

2. Preliminary Matters

Before evidence begins, the court may address:
  • Pending motions;
  • Evidentiary issues;
  • Witness availability;
  • Stipulations;
  • Discovery disputes;
  • Requests to exclude or sequester witnesses;
  • Procedural questions; and
  • Other matters necessary to begin trial.
Significant evidentiary disputes may be resolved through a motion in limine before the disputed evidence is presented.

3. Opening Statement — State

The prosecution may present an opening statement explaining:
  • The charges;
  • The general theory of the case;
  • Important expected evidence; and
  • What the State believes the evidence will establish.
Opening statements are not evidence.

4. Opening Statement — Defense

The defense may present an opening statement explaining:
  • The defense theory;
  • Important factual disputes;
  • Anticipated weaknesses in the State’s evidence; and
  • What the defense expects the evidence to show.
The defense may waive or reserve an opening statement when permitted by the court.

5. State’s Case-in-Chief

The State presents its evidence first because it carries the burden of proof. For each prosecution witness:
The prosecution may also offer physical, documentary, digital, photographic, video, audio, or other admissible evidence.

6. State Rests

After presenting its case, the prosecution announces that the State rests. At this point, the defense may raise any appropriate motion challenging whether the State has presented legally sufficient evidence. The court may rule immediately or reserve ruling when appropriate.

7. Defense Case

The defense may present witnesses and evidence.
The defendant is not required to testify, call witnesses, or present evidence. The burden of proving guilt remains with the State.
For each defense witness:

8. Defendant Testimony

A defendant may choose to testify. If the defendant testifies, they may be examined and cross-examined according to the same general evidentiary rules governing other witnesses. A defendant who does not testify shall not be treated as guilty merely because they exercised the right not to testify.

9. Defense Rests

When the defense has completed any evidence it chooses to present, the defense rests. The court may allow limited rebuttal evidence when appropriate.

10. Rebuttal

The State may request permission to introduce evidence responding to a material issue first raised during the defense case. Rebuttal should address new matters rather than simply repeat the State’s original case. The court may allow the defense a limited response when fairness requires it.

11. Closing Argument — State

The prosecution explains why the admitted evidence proves each disputed charge. Closing argument may discuss:
  • Credibility;
  • Physical evidence;
  • Witness testimony;
  • Reasonable inferences;
  • Elements of the offenses; and
  • The burden of proof.
Counsel may not present new evidence during closing argument.

12. Closing Argument — Defense

The defense explains why the State has failed to establish one or more required elements beyond a reasonable doubt. The defense may address:
  • Inconsistencies;
  • Missing evidence;
  • Witness credibility;
  • Alternative explanations;
  • Constitutional or evidentiary issues properly preserved; and
  • Failure to satisfy the required burden.

13. Optional State Rebuttal Argument

Because the State carries the burden of proof, the judge may permit a brief prosecution rebuttal responding to matters raised in the defense closing. The rebuttal should not become an entirely new closing argument.

14. Court Deliberates

The judge evaluates:
  • Admitted evidence;
  • Credibility;
  • Stipulations;
  • Applicable law;
  • Elements of each offense; and
  • The burden of proof.
Only evidence properly before the court should be considered.

15. Verdict

The court issues a finding on each charge. Possible findings include:
  • Guilty;
  • Not Guilty;
  • Dismissed; or
  • Another disposition authorized by law.
Each charge should be considered independently.

If Not Guilty

A final acquittal is subject to applicable constitutional protections against double jeopardy.

If Guilty


16. Sentencing

Sentencing may occur immediately or at a later scheduled hearing. The court may consider:
  • Offense classification;
  • Statutory sentence;
  • Criminal history;
  • Victim harm;
  • Aggravating circumstances;
  • Mitigating circumstances;
  • Acceptance of responsibility;
  • Restitution;
  • Cooperation;
  • Public safety;
  • Probation eligibility;
  • Parole eligibility;
  • Community service;
  • Arguments from the State and defense; and
  • Other lawful considerations.
The sentence shall remain within the authority provided by law.

17. Post-Judgment Matters

After judgment, the court may address:
  • Custody;
  • Fines;
  • Restitution;
  • Probation;
  • Parole eligibility;
  • Community service;
  • License restrictions;
  • Property;
  • No-contact orders;
  • Other sentencing conditions; and
  • Notice concerning appeal rights.

18. Appeal

A qualifying party may seek appellate review when authorized. An appeal ordinarily addresses significant legal or procedural error rather than simply retrying the entire case. See Appeals.

Witness Examination Quick Reference

Direct Examination
Questions by the party who called the witness.
Cross-Examination
Questions by the opposing party.
Redirect
Follow-up questions concerning matters raised on cross.
Recross
Additional limited questioning when permitted by the court.

Objection Flow

See Objections for the complete quick-reference guide.

Full Criminal Case Flow


Court Procedures

Read the complete rules governing each stage.

Rules of the Court

Review courtroom conduct and participation requirements.

Objections

Keep the objection reference available during trial.

Docket Filing Procedures

Review how cases and motions reach the court.