Although the large majority of felony cases are resolved without a trial it is nevertheless important to have an experienced criminal defense attorney ready to try the case if necessary.
The 6th Amendment of the United States Constitution makes it a right for the criminal defendant to have a trial. There are two types of trials, either by judge or by jury. A jury trial is a trial conducted in front of 12 members of the community, who will decide your guilt or innocence after both the prosecution and the defendant through their experienced criminal attorney to offer evidence.
At a trial the burden of proof rests with the prosecution, much like at a Preliminary Examination. However, at a felony trial the burden of proof is “beyond a reasonable doubt”. Reasonable doubt is the highest burden that the American justice system has. In short, reasonable doubt exists when a trier of fact (judge or jury) cannot say with fair certainty that a person is guilty, or a particular fact exists. Reasonable doubt is often defined as such doubt as would cause a reasonable person to hesitate before acting in a matter of importance.
There are many parts to a felony trial in the Circuit Courts of Macomb, Oakland, or Wayne County. An experienced criminal attorney will have the trial mapped out well before entering the courtroom for trial. The decision to proceed to trial is a difficult one, and that decision should not be taken lightly. The decision to proceed to trial is ultimately up to the client. It further should be done carefully after consultation with an experienced criminal defense attorney. Resolving a case with a plea bargain or at trial both have risks, it is important to have the best representation at both phases to explain the consequences to allow for an informed decision regarding how to proceed with the case.
