Being charged with a crime is one of the most stressful experiences a person can face. If you’re unfamiliar with the legal system, the uncertainty about what comes next can feel overwhelming. Understanding the stages of a criminal trial can help you prepare, make informed choices, and protect your rights.

Attorney John B. Brennan of The Law Office of John B. Brennan works closely with individuals across New Jersey who are navigating the criminal justice system for the first time. As a former prosecutor and experienced criminal defense lawyer, he guides clients through every step with clear advice and strong advocacy.

This guide explains what you can expect during a criminal trial in New Jersey, and why having the right legal representation matters at every stage.

Before Trial: Key Stages That Can Shape Your Case

Arraignment: Your First Court Appearance

At the arraignment, you are formally charged with a crime and asked to enter a plea. In most cases, your attorney will enter a not guilty plea on your behalf. The judge may also decide whether you will be released before trial and set conditions such as bail or supervision.

Discovery: Reviewing the Evidence

During discovery, the prosecution must share evidence with your defense team, including police reports, witness statements, and forensic results. This process allows your attorney to fully investigate the case, identify weaknesses, and begin building a strong defense strategy.

Pre-Trial Motions: Shaping What the Jury Hears

Your defense attorney may file motions to exclude certain evidence, suppress statements, or dismiss charges altogether. The outcome of these motions can significantly impact the strength of the prosecution’s case – and, in some situations, determine whether the case proceeds to trial.

Exploring Plea Agreements

Not all cases go to trial. In many situations, your attorney may negotiate with prosecutors to reach a plea agreement that could reduce the charges or result in a lighter sentence. Plea negotiations require careful evaluation of the risks and benefits involved.

Selecting a Fair Jury

Jury Selection (Voir Dire)

If your case moves to trial, the first step is selecting a jury. Both the defense and prosecution question potential jurors to identify any biases that could affect their ability to be impartial.

Challenges for Cause and Peremptory Strikes

• Challenges for Cause: A juror can be dismissed if there is a clear reason they cannot be fair.
• Peremptory Challenges: Each side can remove a limited number of jurors without giving a reason.

An experienced trial attorney like John B. Brennan plays a critical role in ensuring that a fair jury is seated.

Starting the Trial: Opening Statements

Once the jury is selected, both sides deliver opening statements. These statements are not arguments – they are road maps that explain what each side believes the evidence will show.

• Prosecution: Outlines the charges and previews the evidence they plan to present.
• Defense: Offers the defense’s perspective, pointing out weaknesses or inconsistencies in the prosecution’s case.

Presenting the Evidence

The Prosecution’s Case

The prosecution presents its witnesses and evidence first. Your defense attorney will have the opportunity to cross-examine witnesses, challenge their credibility, and highlight inconsistencies.

The Defense’s Case

After the prosecution rests, the defense can present evidence and call witnesses to support your case. You are not required to testify, and choosing not to testify cannot be held against you.

Responding to New Evidence (Rebuttals)

Both sides may introduce rebuttal evidence to address new issues raised during the trial, ensuring the jury receives a full and fair picture before deliberation.

Closing Arguments: Final Advocacy Before the Jury

After all the evidence is presented, each side delivers closing arguments.

• Prosecution: Summarizes the case and argues for a conviction.
• Defense: Highlights reasonable doubt, points out weaknesses in the prosecution’s evidence, and urges the jury to acquit.

The Jury’s Deliberation and Verdict

Following closing arguments, the judge instructs the jury on the applicable laws. The jury then deliberates privately to reach a verdict.

What Verdicts Are Possible?

• Guilty: The defendant is convicted and moves to sentencing.
• Not Guilty: The defendant is acquitted and free to go.
• Hung Jury: If the jury cannot reach a unanimous decision, the judge may declare a mistrial, and the case could be retried.

Sentencing After a Conviction

If a guilty verdict is returned, the case proceeds to a sentencing hearing. The judge will consider a variety of factors, including the seriousness of the offense and any prior criminal history.

Sentencing Options in New Jersey

• Fines or Restitution: Payment to the court or to victims.
• Probation: Supervised release with specific conditions.
• Incarceration: Jail or prison time, depending on the severity of the offense.

An experienced defense attorney can advocate for the most favorable sentencing outcome, presenting mitigating factors and alternative sentencing options.

Appeals and Post-Conviction Relief

Even after a conviction, your legal journey may not be over. If legal errors occurred during the trial, you may have the right to appeal.

Understanding Your Right to Appeal

Appeals do not involve re-trying the facts. Instead, the appellate court reviews the legal process to determine whether any mistakes affected the outcome of your trial.

Possible Results of an Appeal

• The conviction is upheld.
• The conviction is overturned.
• A new trial is ordered.

Strict deadlines apply to filing an appeal, so it’s important to act quickly if you believe your rights were violated.

Why Experienced Legal Representation Matters

A criminal trial is a complex, high-stakes process. Having the right legal advocate by your side can make a profound difference. From challenging the evidence to protecting your constitutional rights, a knowledgeable defense attorney ensures that your case is thoroughly prepared and aggressively defended.

Facing a criminal trial can be daunting, but having a defense strategy tailored to your specific circumstances can make a real difference. Working closely with your attorney throughout the process helps ensure that every stage – from pre-trial motions to closing arguments – is handled with care and precision.

A Hypothetical Trial Scenario: How Strong Defense Can Make the Difference

Imagine being charged with burglary after being seen near a break-in. The prosecution builds a case based on circumstantial evidence. However, your defense attorney uncovers security footage proving you were at another location when the crime occurred.

At trial, the defense challenges the prosecution’s timeline, cross-examines witnesses, and presents the new evidence. The jury, seeing the full picture, returns a not guilty verdict.

This hypothetical situation illustrates how a thorough investigation and a skilled defense attorney who knows how to leverage the evidence can protect your rights and change the outcome of a case.

Facing Criminal Charges? Contact The Law Office of John B. Brennan

If you’re facing criminal charges in Burlington County, Mount Holly, Evesham, Cherry Hill, Moorestown, Trenton, or anywhere in New Jersey, Attorney John B. Brennan is ready to stand with you.

With decades of experience in both prosecution and defense, he offers clear guidance, honest advice, and strong courtroom advocacy when you need it most.

Don’t face the criminal justice system alone. Call today or fill out an online form to schedule a confidential consultation and take the first step toward protecting your rights and your future.

Disclaimer: This blog is for informational purposes only and does not constitute legal advice or establish an attorney-client relationship. For advice regarding your specific situation, please contact the office directly.