1. Anatomy of a Criminal Trial
Space Coast Community Law School
January 26, 2017
Judge David E. Silverman
Brian Onek, Esq.

2. How does the case get started?
Arrest
Probable cause
Warrant
Capias
Notice to Appear
Traffic Citation
Summons
Ordinance Violation

3. What Court will the case be in?
Circuit Court
Felonies
More than 1yr prison / 5yr - $5,000 fine
Murder, Sexual Battery, Robbery, Burglary, Drugs
HTO DWLSR, 3rd Petit Theft, Battery or DUI
County Court
Misdemeanors
1yr or less jail / $1000 (not traffic infractions)
DUI, Battery, Theft, Resisting Arrest

4. What happens at first appearance?
Within 48 Hours
Release by schedule bond or PTR
Video or Live
Judge’s Role:
Advise defendants
Determine probable cause
Appoint counsel
Set reasonable bond

5. How does the judge set bail?
Presumption for non-monetary release
Exception for violent offenses
Criteria for bond
Nature of offense
Prior criminal history
Legal constraint
Community ties
Health condition

6. How does the State charge the crime?
Information
Indictment
Purpose
Contents
Time for Filing
Challenges to the Information
Example from High School Mock Trial

8. When will the trial be held?
Statute of limitations
Constitutional speedy trial
Speedy trial rule
Felonies – 180 days
Misdemeanors – 90 days

9. What discovery is provided?
State’s Obligation for Discovery
Witnesses, Statements
Documents, Physical Evidence
Depositions, Felony/Misdemeanor
Exculpatory Evidence
Defense Discovery Obligations
Witnesses, Documents intent to use
Physical evidence

10. What is a motion to suppress?
Motions to suppress based on unlawful
Detention
Search or seizure
Acquisition of statements
Motions in Limine
Relevance
Hearsay

11. What is a “trial strategy?”
Trial or Plea Bargain
Jury or Nonjury Trial
Defenses
Self-Defense, Alibi, Accident, Insanity
Theme – Evidence and Argument
Testifying or Remaining Silent
Jury Selection

12. How are jurors selected?
Random selection
Driver’s license and voter registration
Legal disqualification
Absolute disqualification – Non-citizens, convicted felons
Excuse if requested – Pregnant, over 70
Discretionary excusals – hardship or inconvenience

13. What is voir dire? Preliminary questioning by Court Ability to serve
Scheduling problems
Questioning by counsel
Information and indoctrination
Experiences, feelings and opinions
Separate questioning
Challenges
Cause
Peremptory

14. How is a trial conducted?
Jury Selection
Preliminary Instructions
Opening Statements
Witnesses and Exhibits
Examination
Cross-Examination
Closing Arguments
Instructions on Law

15. What does the State have to prove?
Elements of the Offense
Example from High School Mock Trial
Manslaughter
Death
Causation
Culpable Negligence

16. What is an Opening Statement?
Purpose of Opening Statement
Limitations of Opening Statement
Example from High School Mock Trial
Prosecution
Defense

17. How is evidence admitted?
Direct and Cross Examination
Purpose
Limitation
Documentary Evidence
Tangible Physical Evidence
Example from High School Mock Trial

18. What mistakes do witnesses make?
Common problems
Intimidated witness
Run-on witness
Advocate witness
Opinions or Speculation
Adverse facts
Hostile or Argumentative witness

20. What is improper argument?
Closing Argument
Questions and lawyer’s statements - not evidence
Argument – highlight facts and fair inferences
Character attacks, facts not in evidence
Mischaracterizing the law
Comments on silence – burden shifting

21. How does the judge sentence?
Plea Bargain
Felony
Sentencing guidelines
Level of the offense, additional offenses, prior criminal history, legal constraint, victim injury
Downward departures
Capital cases
Sentencing hearing - Advisory verdict
Aggravating – mitigating circumstances
Overriding the verdict
Misdemeanor

22. What will the sentence be?
Incarceration
Mandatory terms, enhanced maximums for habitual offender, firearm use, prison releasee, drug trafficking, capital
Fine and costs
Probation
Rehabilitation -- classes and counseling, community service, drug testing
Community Control

23. What about an appeal? Motions Judgment of acquittal New trial
Mitigation
Appeal
Next level
Capital appeals
Supersedeas bond

25. Thank you for attending our presentation.