There are many stages of a criminal case from the arrest, arraignment, and bail hearing to the criminal discovery process, motions to suppress evidence, and plea bargain negotiations. Carey Law Office has over 40 years of experience and advocacy skills to try your case in state and federal courts.

Defendants have the right in Maryland to have a lawyer represent them. If a defendant can’t afford a lawyer, then a defense lawyer will be appointed for them, usually through a local public defender’s office.

Defendants are presumed innocent. The government has the burden of showing that a defendant is guilty beyond a reasonable doubt. Carey Law Office can guide you through each phase of your criminal trial. We diligently prepare your case so you know what to expect during your trial.

Do you choose a bench trial or a jury trial?

Defendants have the right to decide if they want a jury trial, or if they want the judge to decide their case. In most cases, defendants should choose a jury trial. A jury is selected from a pool of people who live in the geographical area where you live.

Part of your criminal defense lawyer’s job is to review this option with you, and offer guidance about which path to choose. A bench trial may be more expedient, and it may also be less expensive. Those are two important considerations. A bench trial may be in your best interest if a jury trial is not, and not all cases are better off before a jury. They are, after all, notoriously fickle. While we have decades of experience in jury selection, in the end, you never quite know what a jury will vote. However, after decades of trying cases, we can say that we know a bit about the local courts – and the local judiciary.

How does the jury selection process work?

The jury selection process is a critical part of your case. The jury selection process (called “voir dire”) is the chance for both the prosecution and the defense to question the jurors to see if they have any biases, or if there is any reason why a juror should not serve on the jury. Normally, each side can challenge a specific number of jurors for any reason (called peremptory challenges). Each side generally has an unlimited right to challenge jurors for just cause – a clear bias.

What are the stages of a jury trial in Maryland?

The main stages of a jury trial are:

• Opening statements. After the jury is selected, each side (the prosecution and the defense) has the right to make opening statements. These opening statements are the position of each side about the merits/lack of merits of the criminal charges. Normally, the prosecution presents its opening statement, then the defense presents its own.
• The presentation of evidence.
  • The prosecution will present its evidence. The evidence normally includes testimony from law enforcement, eyewitnesses, the victim, and anyone who has knowledge of the case. In some cases, such as cases involving financial fraud, the prosecution may also present testimony from expert witnesses.
    • The right to cross-examine witnesses. Defendants have a Constitutional right to confront/question the witnesses against them in court. Carey Law Office is skilled at the art of cross-examination.
  • The defense will present its evidence. The defendant has the right to present evidence on their behalf. This evidence can include the testimony of the defendant – but there is no requirement that the defendant testify. The defense can present testimony from other witnesses, including expert witnesses to help show that there is doubt about the prosecution’s case.
    • The prosecution’s right to cross-examine witnesses. Just as defendants can cross-examine the witnesses for the prosecution, the prosecution can cross-examine the witnesses for the defense.
  • During the presentation of the evidence, each side can raise objections as to whether the evidence is admissible. Many other legal issues may arise during the presentation of the evidence.
  • Closing statements. After both sides have presented their evidence, the prosecution and the defense can present closing statements. These statements review the evidence that was presented. The defense normally presents its closing statement first. The defense will work to show that there is a reasonable doubt that the defendant committed the crime they’re charged with committing. The defense will use the specific terms of the statutes and the facts presented to argue the defendant should be acquitted. The prosecution then presents its closing statement, which is the government’s argument that the defendant should be found guilty.
  • Jury instructions. The judge, after consultation with the prosecution and the defense, will then instruct the jury about what factors they can consider when determining whether to find the defendant not guilty or guilty.
  • The jury’s decision. The jury then deliberates in a private room. Normally, a foreman is assigned to help monitor the decision. The jury can find a defendant not guilty or guilty. If the jury cannot reach a decision, that’s called a “hung” jury. Normally, the decision by the jury must be unanimous. This means if just one defendant believes the government hasn’t proved its case, then the result is a hung jury.

If the jury finds you not guilty, you are free to go and resume your life. If the jury finds you guilty, then the judge will arrange for a sentencing hearing where a determination will be made by the judge about your sentence. The sentence may include jail time, fines, probation, and other conditions. After a hung jury, the defendant is normally free to resume their life, because there has been no finding of guilt. After a hung jury, the prosecution could seek to retry the defendant.

Defendants have the right to appeal a guilty verdict.

You have the right to a trial. In most criminal cases in Maryland, you have the right to a jury trial. Carey Law Office prepares each case from the moment we’re retained with an eye toward a jury trial. We fight to have the charges dismissed before trial – but by preparing for trial, we’re always ready if your case can’t be dismissed (or if a plea bargain can’t be reached). We’ve tried countless cases before judges and juries. We’re ready to fight for your freedom. Carey Law Office has locations in Bowie and Dunkirk. Call us or fill out our contact form now to schedule a consultation. We also serve Calvert County.