Rizio and Nelson California Law Blog

In a criminal trial, the two main hearings before a judge and/or jury are the preliminary hearing and the trial. In the preliminary hearing, the prosecution must convince the judge that there is enough evidence against the defendant in order to bring them to trial for the crime that they have been accused of. This type of hearing is much less strict in that it is not bound to the rules of evidence. Prosecutors can call witnesses to testify to evidence that may not have been legally collected. Heresay is allowed; these are statements made by witnesses not under oath, or not directly involved with the incident of the crime. The prosecution must show that a crime took place, that the court holds jurisdiction over the place where the crime happened, and that the defendant most likely committed the crime. “Probable cause” is all the prosecution needs to show, a much lesser standard than that of the trial.

The trial itself requires that the prosecution prove “beyond a reasonable doubt” that the defendant committed the crime. During the trial, all submitted evidence must be legally obtained in order for it to be used in court. All witnesses must be questioned under oath that what they are saying is true. The prosecution must convince the jury that the defendant absolutely committed the crime. There can be no doubt in their minds. If there is, they have the responsibility to aquit the defendant.

It is important to remember that the defense has the advantage. They do not have to prove that the defendant did not commit the crime. They only have to prove that it was most likely not the defendant who did it. They also have to make sure that due process is being followed – that the prosecution is adhereing to all the rules of evidence and the proper proceedings. If any mistake is made by the prosecution, the defense can use it to their advantage to either have the case dismissed, or have the evidence in question thrown out of court.

This is a big responsibility, and not one to be taken lightly. Criminal cases are very serious in that the life of the defendant hangs in the balance of the scales of justice. If the defendant did not commit the crime, it is important that the defense support their client and use every means in their power to convince the jury of their innocence. If the defendant did commit the crime, it is the defense’s responsibility to obtain the lightest sentence possible, or to appeal the court’s decision. Therefore, it is important that the defendant has an attorney that they can trust. Contact Rizio and Nelson if you’ve been accused of a crime and are facing criminal charges. They will help you understand the court process and guide you through your case.