What to Expect During a Criminal Trial

Going to trial for a criminal charge is a serious matter, and for many people, it’s the most stressful experience of their life. Whether you’ve been charged with DUI, assault, theft, or a felony in Kansas or Missouri, understanding what happens in a criminal trial can help you prepare and protect your rights.

This post breaks down every stage of a criminal trial so you know what to expect and how your criminal defense attorney will guide you through the process.

1. Jury Selection (Voir Dire)

The trial begins with the selection of jurors. This process, known as voir dire, allows both the prosecution and defense to question potential jurors and dismiss those who may be biased or unable to judge fairly.

You have the right to a jury of your peers—or, in some cases, you may choose a bench trial (where the judge decides your case). Your lawyer will help decide what’s best for your situation.

2. Opening Statements

After jury selection, both sides give opening statements. These are not arguments—they’re overviews of what each side believes the evidence will show. The prosecution goes first, followed by your defense attorney.

This is your lawyer’s chance to start telling your side of the story and begin framing the case in your favor.

3. Presentation of Evidence

The trial then moves into the evidence phase. The prosecution presents their case first because they have the burden of proof. That means they must convince the jury you are guilty beyond a reasonable doubt.

Prosecution’s Case:

• Calling witnesses
• Presenting physical evidence (e.g., video, photos, weapons, drugs)
• Expert testimony (e.g., forensic analysts, medical professionals)

Defense’s Cross-Examination:

Your attorney will question each witness the prosecution calls to test their credibility and challenge their story. Cross-examination is a critical part of defending you and exposing weak or misleading testimony.

Defense’s Case:

Once the prosecution finishes, your defense team presents its case. Depending on the strategy, your attorney may call witnesses, present evidence, or argue that the prosecution failed to meet its burden.

Important: You are not required to testify. Your lawyer will help you decide whether it’s best to take the stand or remain silent.

4. Closing Arguments

After all evidence is presented, both sides make closing arguments. These are persuasive summaries of the case, intended to influence the jury’s final decision. The prosecution goes first, followed by the defense.

Your attorney will highlight weaknesses in the prosecution’s case, stress the lack of proof, and urge the jury to return a “Not Guilty†verdict.

5. Jury Instructions and Deliberation

Before the jury begins deliberating, the judge gives them legal instructions. These explain the charges, the definition of “reasonable doubt,†and what must be proven for a conviction.

The jury then moves to a private room to discuss the case and reach a unanimous verdict.

6. The Verdict

Once the jury reaches a decision, they return to the courtroom to deliver the verdict. The possible outcomes are:

• Not Guilty: You are acquitted, and the case is over.
• Guilty: You are convicted and will move on to sentencing.
• Hung Jury: If the jury can’t agree unanimously, a mistrial may be declared, and the case could be retried.

7. Sentencing (If Convicted)

If you’re found guilty, the judge will schedule a sentencing hearing. At this hearing, the court will decide your punishment, which may include:

• Fines
• Probation
• Community service
• Jail or prison time
• Rehabilitation programs

Your defense attorney can argue for a reduced sentence, alternative penalties, or probation—especially if you have no prior record or show signs of rehabilitation.

8. Appeal (If Applicable)

If you are convicted, you may have the right to appeal the verdict or sentence. Appeals are not new trials, but rather legal reviews to determine whether any errors occurred that affected the outcome of your case.

Your attorney can guide you through the appeals process if it makes sense for your situation.

Your Role During the Trial

While your attorney will handle the courtroom strategy, you play a key role by:

• Being respectful and composed in court
• Communicating openly with your attorney
• Following legal advice about testifying or remaining silent

Your appearance and behavior during trial can influence how the jury views you, so it’s important to stay calm, honest, and focused.

How Kitchin Law Firm Can Help You

At Kitchin Law Firm, we understand that every criminal case is unique, and a one-size-fits-all approach doesn’t work when your freedom is on the line. Our team takes the time to investigate every detail of your case, challenge weak or unlawfully obtained evidence, and develop a tailored defense strategy designed to achieve the best possible outcome. We guide you through every stage of the trial—from jury selection to closing arguments—ensuring you understand your options and feel confident in your defense. Whether negotiating for reduced charges, fighting for a “Not Guilty†verdict, or preparing for an appeal, our goal is to protect your rights and your future at every turn.

How Kitchin Law Firm Can Help You

At Kitchin Law Firm, we understand that every criminal case is unique, and a one-size-fits-all approach doesn’t work when your freedom is on the line. Our team takes the time to investigate every detail of your case, challenge weak or unlawfully obtained evidence, and develop a tailored defense strategy designed to achieve the best possible outcome. We guide you through every stage of the trial—from jury selection to closing arguments—ensuring you understand your options and feel confident in your defense. Whether negotiating for reduced charges, fighting for a “Not Guilty†verdict, or preparing for an appeal, our goal is to protect your rights and your future at every turn.

Why a Criminal Defense Attorney Matters

Criminal trials are complex and high-stakes. The outcome can affect your freedom, career, family, and future. That’s why having an experienced criminal defense lawyer is crucial. Your attorney will:

• Challenge the prosecution’s evidence
• Present strong legal arguments
• Protect your rights throughout the process
• Negotiate for reduced charges or dismissals if possible

Final Thoughts

A criminal trial is a serious legal battle—but you don’t have to face it alone. With the right attorney and a solid defense strategy, you can fight back against unfair charges and protect your future.

At Kitchin Law Firm, we represent clients throughout Kansas and Missouri in criminal trials. If you’re facing charges, contact us today for a confidential case evaluation and start building your defense immediately.