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Georgia DUI Trial
You may have seen a trial on TV, but is that how it really works? Please read the following information so you know what to expect should you have to go to a trial for a DUI case in the state of Georgia.
A criminal trial is examined by a jury, who weighs the evidence against the defendant. The jury examines the evidence and must decide whether, "beyond a reasonable doubt," the defendant committed the crime in question.
The trial is the government's opportunity to argue its case and seek a "guilty" verdict. Likewise, the trial is the defense team's chance to refute the evidence against the defendant and in some cases offer their own evidence. After both sides have presented their arguments, the jury considers as a group whether to find the defendant guilty or not guilty of the crime(s) charged.
While trials are the most high-profile phase of the criminal justice process, most cases don't even make it to trial! It is your attorney's job to avoid a trial at all costs.
A criminal trial can be broken down into these components:
1. Choosing a Jury
2. Opening Statements
3. Witness Testimony and Cross-Examination
4. Closing Arguments
5. Jury Instruction
6. Jury Deliberation
7. Verdict
During the first stage of choosing a jury, the judge (and usually the plaintiff and the defendant through their attorneys) will question a pool of potential jurors generally and as to matters pertaining to the particular case. Based on their responses, the judge can excuse particular jurors at this stage. Also at this stage, both the defense and the prosecution may exclude a certain number of jurors, through use of "peremptory challenges" and challenges "for cause."
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