View Full Version : .. What will happen in most trials ? Four simple steps



TomGlenBurnie
01-12-2012, 08:38 PM
DETAILS ABOUT A TRIAL

I am betting that there
will be people interested in this FISH trial.
.
The observers are about to see and understand
a Uniquely American Drama:
.
In the eyes of the law,
Tyler is innocent, like a virgin on communion day.

1. THE PROSECUTION:
.
The prosecutor, must show by convincing evidence and
believable testimony,
that Tyler himself, did the acts charged.
Tyler must be uniquely identified.
.
If the policeman fails to appear,
Tyler might walk.
.
But the Judge could possibly
Delay the Trial, if the officer
is late, or has a good excuse.
.
Many times if the defense is ready,
the case will get dismissed.
.
The local States Attorney will present her
witness[es] and possibly some photo's
of the 11 fish for two men [ evidence ].
.
That Prosecution will probably take
less than 10 minutes.
.
Note that this is a " civil trial".

2. THE DEFENSE:
.
The defense attorney can drag time out,
by Objecting to each photo, and
asking a lot of questions...
.
I think the Officer has a " right" to
search any vessel, so probable cause
is not going to be an issue.
.
When I do a trial, I am generally
respectful to the policeman.
.
Usually, the policeman will come off
as just doing his job.
.
The defense guy will no doubt have
skill and something planned.
.
I would expect a few respectful questions
to the policeman.
.
It is possible for
the defendant to go on the stand.
If Tyler speaks well,
they might try that.
.
But If they play that card,
The prosecutor can cross examine Tyler.
.
That could become a circus ,
Which the Defense Attorney does not want.
.
I do not like my defendants on the
witness stand.

3. AFTER THE DEFENSE: THE DECISION:

This is a possession charge.
.
The state will likely "prove" that
Tyler was caught
possessing too many fish.
.
If the Judge finds Tyler guilty,
The first phase is complete.
.
4. SENTENCING WHERE THE JUDGE HAS SOME DISCRETION

Then the Judge will
"move to" sentencing,
.
which might involve
a peek at Tylers
previous convictions,...
.
over the loud objections of
the defense attorney.
.
Sometimes there will be
a Victim Impact Comment
by the State's Attorney,
or a victim.
.
But fish cannot talk.
.
The defense Attorney will
be earning his money now...
.
Many times the Judge will allow
the defense attorney to tell that
the " now convicted " individual
has three little children, and was
a pillar of the community....
.
Often the judge will allow the
defendant to speak if the
defendant "Wants to speak".
.
Time estimate 20 minutes Maximum.
.
If the Judge is really Patient, maybe 30 minutes.

If there is a plea bargin:
Guilty to a lesser charge,
or Guilty with a recommended penalty/fine:
which often happens,
7 minutes.