Resolution of Criminal Cases: Part I – The Trial

When the police charge someone with a crime, they start a criminal case. From the moment that they do, the most important thing to the person charged is how the case ends. Generally, it will end in one of four ways: The Commonwealth could drop the case, or the defendant may enter some sort of diversionary program, plea, or stand trial.

This series of blogs will discuss the various types of resolutions that can occur in a criminal case. We will begin with the natural resolution of all criminal cases, trial.

The Truth About Trials

As a preliminary note, trials are exceedingly rare. They have become the exception rather than the rule for several factors. Those factors and the implications of the shift away from trials are beyond the scope of this blog. That shift is undeniable, however.

Even the United States Supreme Court recognized that the criminal justice system of the United States is dependent on a system of plea bargaining. See Lafler v. Cooper, 566 U.S. 156, 170 (2012) (acknowledging the “central role plea bargaining plays in securing convictions and determining sentences”); and Missouri v. Frye, 566 U.S. 134 (2012) (same).

Trials & Constitutional Rights

In this environment, it may be easy to forget that it is the fundamental, constitutional right of every defendant—every person charged with a crime—to demand that the Commonwealth prove its allegations beyond a reasonable doubt. That presumption of innocence is enforced at trial, where the Commonwealth must convince a fact-finder that the defendant is guilty beyond a reasonable doubt.

What is a trial?

A trial is the Court’s guilt-determining process. A fact-finder will hear evidence and decide the issue before it. In a criminal case, the issue before the fact-finder is whether the defendant committed any of the charged crimes beyond a reasonable doubt.

Trial is the natural conclusion of a criminal case. If nobody does anything to change the trajectory of the case, a case will be decided by trial.

What are the types of trials?

There are two types of trials: Bench Trials and Jury Trials.

Which type of trial will happen by default is a function of the charges the Commonwealth filed. Whether a defendant is entitled to a jury trial is determined by the seriousness of the charges he or she is facing.

• If the defendant is not charged with any crime that could be punished by more than six months’ incarceration, they are not entitled to a jury trial.

• If the defendant is charged with only offenses punishable by more than six months’ incarceration, he or she is entitled to a jury trial on all charges.

• If the defendant is facing at least one charge that could be punished by more than six months’ incarceration and at least one charge that could result in more than six months’ incarceration, a jury will decide the more serious counts and the judge will decide any charges punishable by less than six months’ incarceration.

What happens in a jury trial?

When the defendant stands trial before a jury, the parties select that jury. A jury in Pennsylvania is twelve people plus alternates. It must reach a unanimous decision to render either a guilty or not guilty verdict. If the jury is not unanimous—if no more than eleven jurors agree on the outcome—the judge will declare a mistrial and the prosecutor will decide whether to retry the defendant.

What happens with divided decisions?

In a jury trial, the decision making is divided. The jury will act as the fact-finder, meaning it will decide who it believes and what happened. The judge will decide matters of law, instruct the jury on the law to apply, and determine what things the jury may consider when it makes its decision.

If a defendant is entitled to a jury trial, does he or she have to have a jury trial?

Even if a defendant is entitled to a jury trial, he or she may choose not to exercise that right. If the defendant waives his or her right to a jury trial, he or she will stand trial before a judge acting as a fact-finder, which is known as a “bench trial.” Any defendant may choose to waive his right to a jury and opt for a bench trial. That decision, however, should be made in close consultation with a lawyer and only after carefully weighing the risks and potential benefits.

What is a bench trial?

If the defendant is either not entitled to a jury trial or waives his right to a jury trial, the judge will hear the case alone. In that circumstance, he or she will decide both factual and legal issues. He or she will decide who he or she believes, determine what happened, and the legal implications of those facts.

How are bench trials and jury trials similar?

Regardless of whether a defendant opts for a bench or jury trial, the proceedings and standards are identical. The defendant is presumed innocent at trial: the fact-finder begins the trial assuming that the defendant is innocent.

Role of the Commonwealth

The Commonwealth must prove the defendant guilty by proving every element of each respective crime charged beyond a reasonable doubt. A reasonable doubt is a doubt that would cause a reasonable person to pause or hesitate in a matter of great importance in their own affairs.

The Fact-Finder

Both sides can address the fact-finder before and after the evidence is presented to argue their theory of the case, the application of the law, and the implications of inferences from the evidence. The fact-finder will then render a verdict—the ultimate decision on whether the defendant committed any of the crimes charged. If the verdict is guilty on any crime, the judge will set the penalty at sentencing.

A Special Case – The Stipulated Bench Trial

There is a special case that bears discussion here: a stipulated bench trial. In a stipulated bench trial, the defendant waives his right to a jury, the parties agree to the evidence that the judge would hear, and the judge will render a decision based on the parties’ agreement.

This is the functional equivalent to a guilty plea, and it should be considered as such by all involved. The decision to engage in a stipulated bench trial should only be made after careful consultation with a lawyer and a complete understanding of the risks and potential benefits.

The Importance of an Experienced Lawyer

If you or your loved one are facing criminal charges, the decision of whether to stand trial and, if so, what type of trial, is critical to the resolution of your case in furtherance of the client’s specific goals. None of these options are universally good or bad—which is best is closely tied to the facts of the case, the client’s goals, and the other available options. There is simply no substitute for an experienced lawyer to help a client make that decision. If you want an experienced lawyer in your corner, call Dan Bardo at Pyfer Reese.

Disclaimer: The information in this article is general and should not be taken as personal legal advice or guidance. In order to get professional legal representation and support contact our office today to set up a complimentary consultation with Dan Bardo who specializes in these types of cases.