Law Offices of James Budreau | State and Federal Overview

LAW OFFICE of JAMES BUDREAU

20 PARK PLAZA, SUITE 905, BOSTON, MA 02116
PHONE (617)227-8558 FAX (617)338-9538

TRIALS IN STATE AND FEDERAL COURT
Procedural Overview	There are many phases to a criminal case. These include requests for discovery (seeking information in the possession or control of the prosecutor), motions to suppress and dismiss if applicable, review of the case to determine if forensic experts are necessary, investigation of the prosecutor's witnesses' backgrounds, requests for medical information and psychiatric examinations if appropriate. The final phase of the criminal case is the trial which is complicated at best. In addition to preparing one's witnesses and the cross-examination for the prosecutor's witnesses, the attorney must be familiar with the procedural rules and rules of evidence in Massachusetts or the state where the case is being tried. In Massachusetts, the rules of evidence are common law (albeit loosely based upon the federal rules) and therefore, cannot be found in one book. They are learned by experience and updated from case research. The procedural rules are also relatively complicated and require significant experience to decipher.
Trial	During trial, the government presents its case first and then the defendant has the opportunity to present witnesses or evidence (if any at all). While the prosecutor is required to make an opening statement before the presentation of witnesses, defense counsel can make, delay or waive an opening. At the close of the government's case, the defense counsel asks the court to enter a required finding of not guilty (or judgment of acquittal in federal court) and essentially substitute its judgment for that of the jury on the grounds that the government has failed to satisfy the burden of proving the defendant's guilt beyond a reasonable doubt. While this is rarely granted, it is essential that it be filed at the end of the government's case and then renewed after the defense presents witnesses. At the end of the case, both the government and the defendant make closings to summarize their theory of the case and view of the evidence presented to the jury.
Judge and Jury	A trial is conducted by a judge and the evidence is presented to a jury (unless you have waived your right to a jury). The judge rules on legal issues and maintains decorum and control over the witnesses and acts as a judicial referee on trial issues. The judge also instructs the jury on the legal standards that it shall use to reach its verdict. The jury evaluates the credibility of the witnesses and decides whether the government has presented sufficient evidence to prove the accused's guilt beyond a reasonable doubt. An accused is always innocent until proven guilty in our court system. In fact, the accused does not even have to present witnesses or testify on his/her own behalf. Citizens have the right to effectively say to the jury, I am innocent and I challenge the government to prove my guilt beyond a reasonable doubt. In the state district courts, a citizen is entitled to a six person jury selected from the community. In Massachusetts Superior Court and the United States District Court (federal court), a person is entitled to a twelve person jury. The defendant participates in the selection process as each party is entitled to reject or challenge a specific number of jurors without stating their reasons. The court has discretion as to how many challenges the parties can exercise although there are statutory minimums. A jury must render an unanimous verdict before a citizen can be convicted in federal court or in Massachusetts. If all twelve (or six in state district court) cannot decide that a person is guilty of the crimes beyond a reasonable doubt, then the person charged must be acquitted or a mistrial declared. Once an acquittal occurs, then that person can never be charged again in that court. This protection against double jeopardy is a constitutional right both in state and federal court.
These are only some of the legal issues that a citizen faces in the criminal system. In order to obtain a free consultation about issues that specifically pertain to your personal circumstances, call the Law Offices of James Budreau at (617)227-8558.
Notice: The above is a broad overview of criminal law and procedures. This information should not be relied upon in making any decisions regarding your legal rights. You should always consult with an attorney before determining what your legal rights and remedies are.