What to Expect in a Criminal Trial in South Carolina?

When a defendant cannot get charges dismissed or secure a favorable plea deal, they usually head to trial. A criminal trial is an opportunity to present your case and argue that reasonable doubt exists as to whether you committed the charged offense. William G. Yarborough, Attorney at Law, has handled hundreds of trials over the past 30 years as a Greenville criminal defense lawyer. He looks at the different steps of criminal trials in this article.

Step 1: Select a Jury for a South Carolina Criminal Trial

A defendant has a right to a jury trial. The first step will be to select a jury in the process called “voir dire.” Each side will ask potential jurors questions and then either challenge them “for cause” (usually for bias) or use a limited number of peremptory challenges. A lawyer does not need to give a reason when using a peremptory challenge, though they cannot use them in a discriminatory fashion. (See South Carolina Code § 14-7-1110.)

A defendant might waive their right to a jury trial, in which case the judge will act as factfinder. This part of the trial process can take half a day, usually.

Step 2: Make an Opening Statement

Each side can give the seated jurors a preview of what the evidence will show in an opening statement. A good opening statement doesn’t make an argument, but it provides a roadmap for what happens at trial. The prosecution will go first, with the defense second.

To be effective, an opening statement shouldn’t overpromise or misrepresent what evidence will be presented. For this reason, your criminal defense lawyer should fully understand what all witnesses will say when they testify. This is why lawyers spend so much time reviewing evidence and preparing for the trial.

Step 3: The Prosecution Presents its Case

Because the prosecution has the burden of proof, they go first. They will present witnesses and submit documents as evidence.

In a criminal case, witnesses are usually the following:

• People who observed the crime or its aftermath;
• Police officers who searched the defendant’s property or collected evidence;
• Expert witnesses who can explain complicated evidence, like DNA.

The defense attorney gets a chance to cross-examine a witness once the state is finished. The objective of cross-examination is to show gaps in the witness’s knowledge or point out contradictory statements they have made. These strategies focus on undermining the witness’s credibility with the jury.

Step 4: Ask the Judge for a Directed Verdict

The state must present sufficient evidence for a jury to find the defendant guilty beyond a reasonable doubt. Sometimes they fall short of that standard. Before the defense even presents its case, it can ask the judge for a directed verdict.

Judges rarely grant the motion, but it is standard to ask. The availability of a directed verdict keeps the prosecution on its toes.

Step 5: The Defendant Presents a Case

A defendant is not required to present evidence. If the defense thinks the prosecution’s case was weak, they might simply rest without calling any witnesses.

However, it’s common for a defendant to put on witnesses of their own. These could include:

• Alibi witnesses—Someone who claims you were with them at the time of the crime.
• Witnesses to the crime—They might have seen that you did not participate in the crime.
• Expert witnesses—The defendant’s expert witnesses can testify that the physical evidence does not implicate the defendant. For example, the defendant’s expert might explain how the DNA evidence does not match the defendant.

A defendant might also choose to testify, though the Fifth Amendment gives them the privilege not to. After the defense questions a witness, the state can cross-examine them.

Step 6: Rebuttal

The state may present limited evidence after the defense is finished. The objective is to rebut points made by the defense. A rebuttal does not happen at every trial.

Step 7: Surrebuttal

If the state presents rebuttal evidence, the defense might also present a surrebuttal to address new points.

Step 8: Make a Closing Argument

A closing argument is a chance for each side to explain to the jury what the evidence presented at trial means. The state will go first and try to show the evidence that the defendant is guilty beyond a reasonable doubt.

The defense goes next. Usually, defense counsel points out weaknesses in the state’s evidence and tells the jury they cannot convict if they doubt the defendant’s guilt.

Step 9: Jury Instructions and Retire to Deliberate

The judge will read jury instructions, which explain the law and the elements of the crime. The jury will then retire to deliberate in private. No one will know what happened in the jury room unless jurors talk about it after the trial.

Step 10: The Jury Delivers the Verdict

Jury verdicts must be unanimous in South Carolina criminal cases. If jurors cannot agree, they deadlock. The judge might send them back to continue to hammer out their differences, but at some point, the judge might agree that the jury can never reach unanimity. At that point, the judge will declare a mistrial.

If the jury acquits the defendant, the case is over. The prosecution cannot appeal, and the judge should release the defendant.

Step 11: The Defendant is Sentenced

If a jury comes back with a guilty verdict, the judge will sentence the defendant. Sometimes, the sentencing will not happen for weeks as the judge researches the defendant’s criminal history and the law. Each side can argue for a particular sentence.

Hire an Experienced Greenville, SC Trial Attorney

If you have questions about what happens at trial, please call Attorney Yarborough. The above steps are only a brief overview of the trial process. Other important tasks involve objecting whenever a lawyer believes the judge has made a mistake when admitting evidence. A timely objection preserves the issue for appeal. To learn more about the steps of a criminal trial, call our office at 864-808-6871. We offer free consultations to anyone living in the 29609 zip code.