When a case is “tried” in court, it has reached the formal stage where both sides present evidence and arguments to a judge or jury, who then delivers a binding verdict. In a criminal case, that verdict decides guilt or innocence. In a civil case, it decides who is liable and for how much. Despite how often trials appear in movies and news coverage, they are the exception rather than the rule: an estimated 90 to 95 percent of criminal cases end in plea agreements and never reach a full trial.1Bureau of Justice Assistance. Plea and Charge Bargaining Research Summary
How a Case Gets to Trial
A trial is where a case ends up when nothing else resolves it first. In the criminal system, the process usually begins with an arrest. A prosecutor then reviews the evidence and decides whether to file formal charges. The defendant appears at an arraignment, hears the charges read aloud, and enters a plea.
A “not guilty” plea pushes the case into a pre-trial phase. Both sides exchange evidence through discovery, file motions, and often negotiate. This is when most criminal cases quietly end. A defendant might agree to plead guilty to a reduced charge rather than take the risk of trial, and the vast majority of criminal matters resolve this way.1Bureau of Justice Assistance. Plea and Charge Bargaining Research Summary
Civil cases have their own exit before trial. Either side can ask the judge for summary judgment, arguing that the key facts aren’t genuinely in dispute and the law clearly favors their position. If the judge agrees, the case ends without a trial.2Legal Information Institute. Federal Rules of Civil Procedure Rule 56 – Summary Judgment Between settlements, dismissals, and summary judgment, only a small fraction of civil cases are ever actually tried.
So when someone says a case “went to trial” or a defendant is “being tried,” they are describing a path that most cases don’t take.
Jury Trial or Bench Trial
Being tried doesn’t always mean being tried by a jury. In a bench trial, the judge serves as both the legal authority and the fact-finder. There’s no jury at all. Federal criminal defendants can choose a bench trial, but doing so requires the defendant’s written waiver, the government’s consent, and the court’s approval.3Legal Information Institute. Federal Rules of Criminal Procedure Rule 23 – Jury or Nonjury Trial Most states follow a similar rule. Defendants sometimes prefer this route when the case involves highly technical evidence or when local emotion makes an impartial jury hard to seat.
Jury sizes vary. A federal criminal jury has 12 members, though the parties can agree in writing to proceed with fewer.3Legal Information Institute. Federal Rules of Criminal Procedure Rule 23 – Jury or Nonjury Trial A federal civil jury must have between 6 and 12 members, and at least 6 must return the verdict.4Legal Information Institute. Federal Rules of Civil Procedure Rule 48 – Number of Jurors, Verdict, Polling States set their own numbers.
What Happens During a Trial
Criminal and civil trials follow the same general sequence, even though the stakes and standards differ. Each stage does a specific job.
Jury Selection
The first step is picking the jury through a process called voir dire. The judge and attorneys question potential jurors to probe for bias. Jurors can be removed “for cause” if a real reason for bias exists, such as a close relationship to a party. Each side also gets a limited number of peremptory challenges, which allow removal without stating a reason. The number varies by jurisdiction and case type. Experienced trial lawyers often describe this stage as one of the most consequential parts of the whole process.
Opening Statements
Once the jury is sworn in, each side gives an opening statement. The prosecution or plaintiff goes first and outlines what the evidence is expected to show. The defense follows. Opening statements aren’t evidence, and jurors are told not to treat them as proof.
Presentation of Evidence
This is the heart of the trial. The side carrying the burden of proof presents its case first, calling witnesses and introducing documents, photographs, forensic reports, and other physical evidence. When the attorney who called the witness asks questions, that’s direct examination. When the other side questions the same witness, that’s cross-examination. In criminal cases, the Sixth Amendment specifically guarantees the defendant’s right to confront and cross-examine every witness testifying against them.5Library of Congress. U.S. Constitution – Sixth Amendment Once the first side rests, the other side presents its own witnesses and evidence.
Expert witnesses play a growing role. Unlike ordinary witnesses, who can only describe what they personally saw or did, experts can offer opinions. But they don’t get a free pass. Federal courts require the judge to confirm the expert is qualified, that the methods used are reliable, and that the opinion is grounded in the actual facts of the case.6Legal Information Institute. Federal Rules of Evidence Rule 702 – Testimony by Expert Witnesses A notable number of proposed experts get excluded at this gatekeeping step.
Closing Arguments and Jury Instructions
After the evidence is in, both sides deliver closing arguments. The prosecution or plaintiff summarizes why the evidence proves their case; the defense points to the gaps. In criminal cases, the prosecution gets a final rebuttal because it carries the burden of proof.
The judge then instructs the jury on the law: what standards apply, what elements must be proven, and how to weigh the evidence. These instructions matter. A jury that misunderstands the legal standard can produce a verdict that gets overturned on appeal. The jury then deliberates in private until it reaches a decision.
Criminal vs. Civil Trials
Criminal and civil trials share a structure, but they operate under rules different enough that identical facts can produce opposite results. Someone can be acquitted of murder and then lose a wrongful death lawsuit over the same killing. That’s not a contradiction. It’s a consequence of different rules.
- Burden of proof: criminal cases require proof “beyond a reasonable doubt,” the highest standard in the legal system. Civil cases use “preponderance of the evidence,” meaning the claim only needs to be more likely true than not.7Legal Information Institute. Preponderance of the Evidence
- Who brings the case: the government prosecutes criminal cases, while any individual or organization can file a civil case. A criminal defendant faces potential prison time; a civil defendant faces money damages or a court order.
- Jury size: federal criminal trials require 12 jurors, while federal civil trials can proceed with as few as 6.4Legal Information Institute. Federal Rules of Civil Procedure Rule 48 – Number of Jurors, Verdict, Polling
- Unanimity: criminal jury verdicts must be unanimous in every state and federal court, as the Supreme Court confirmed in Ramos v. Louisiana in 2020. Federal civil verdicts must also be unanimous unless the parties agree otherwise, and some state civil courts allow non-unanimous verdicts.8Supreme Court of the United States. Ramos v. Louisiana (18-5924)4Legal Information Institute. Federal Rules of Civil Procedure Rule 48 – Number of Jurors, Verdict, Polling
Your Rights When You Are Tried
The Sixth Amendment is the constitutional backbone of the criminal trial. It guarantees anyone facing prosecution the right to a speedy and public trial by an impartial jury, the right to be told what they’re charged with, the right to confront and cross-examine witnesses, the right to compel witnesses to testify on their behalf, and the right to have a lawyer.5Library of Congress. U.S. Constitution – Sixth Amendment If you cannot afford an attorney, the court must appoint one in any criminal case where you face potential jail time.
The right to a speedy trial has teeth. In federal court, the Speedy Trial Act requires that charges be filed within 30 days of arrest, and that the trial begin within 70 days after the charges are filed or the defendant’s first court appearance, whichever is later.9Office of the Law Revision Counsel. 18 USC 3161 – Time Limits and Exclusions If the government misses those deadlines without a valid reason, the charges can be dismissed. State timelines vary, but every state has some version of this protection.
After the Verdict
A jury trial ends when the jury announces its verdict in open court. In a criminal case, “not guilty” means acquittal. The defendant is released and the case is over. “Guilty” means conviction, and the case moves to sentencing, where the judge imposes punishment based on statutory guidelines, the circumstances of the offense, and the defendant’s history.
If the jury cannot reach a unanimous decision, the judge declares a mistrial due to a hung jury. The defendant is neither convicted nor acquitted, and the prosecution can choose to retry the case or drop the charges. There is no constitutional limit on how many times a case can be retried after a hung jury.
Post-Trial Motions
A verdict isn’t always the last word. The losing side can ask the judge to override the jury’s decision. In federal civil cases, this is called a judgment as a matter of law. In many state courts, it’s called a judgment notwithstanding the verdict. A judge grants it only when no reasonable jury could have reached the verdict based on the evidence.10Legal Information Institute. Judgment Notwithstanding the Verdict (JNOV) In criminal cases, the defense can move for a judgment of acquittal if the evidence was too thin to support a conviction. That motion can be made during the trial or after a guilty verdict.
Appeals
If post-trial motions fail, the losing side can appeal. In criminal cases, only the defendant can appeal a conviction; the government generally cannot appeal an acquittal. In civil cases, either side can appeal. An appeal is not a new trial. No new witnesses testify, no new evidence is introduced. An appellate court reviews the trial record for legal errors that affected the outcome, such as applying the wrong legal standard, improperly admitting or excluding evidence, or making rulings unsupported by the record. Overturning a trial court’s factual findings is considerably harder, because appellate judges weren’t in the room watching the witnesses.
Double Jeopardy
Once you have been tried and acquitted, the Fifth Amendment’s Double Jeopardy Clause prevents the government from prosecuting you again for the same offense.11Legal Information Institute. Double Jeopardy The protection kicks in at a specific moment. In a jury trial, double jeopardy “attaches” when the jury is sworn in. In a bench trial, it attaches when the first witness begins testifying.12Legal Information Institute. Jeopardy If a case is dismissed before that point, the prosecutor can refile without violating double jeopardy. Hung juries are also an exception: because the trial ended without acquittal or conviction, the government can bring the same charges before a new jury.