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Criminal & drunk driving defense lawyers Attorney Chris Van Wagner & Attorney Tracey Wood are repeatedly voted as Madison's Best criminal & drunk driving defense lawyers in all of Dane County, Wisconsin The trial begins with the jury selection. Attorneys for both asides are allowed to question prospective jurors about their possible biases, prejudices, knowledge of the case on trial, and other mattes relevant to sitting on a jury. Twleve people are selected and sworn in as jurors, often along with one or more alternates.
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Van Wagner & Wood - Order of a Jury Trial

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Jury Procedures - Voir Dire
| Witnesses | Hostile Witness | “Double Jeopardy" | Sequestration of Jurors | Beyond A Reasonable Doubt

  1. The trial begins with the jury selection. Attorneys for both asides are allowed to question prospective jurors about their possible biases, prejudices, knowledge of the case on trial, and other mattes relevant to sitting on a jury. Twleve people are selected and sworn in as jurors, often along with one or more alternates.

  2. The state begins by offering its evidence and witnesses in what is called its “Case in Chief" or “Direct Case".
  3. The defense has the opportunity to test and poke holes in that evidence, through cross-examination (or questioning) of the State’s witnesses.
  4. When the state has produced all evidence it wishes to offer in its direct case, the State “rests."
  5. Once the State has rested, the defense may ask the court for dismissal based on lack of any evidence. This request is rarely granted in any court.
  6. The defense may then offer evidence and testimony, but is not required to do so.
  7. As part of any defense case, the accused defendant may decide to testify in his support of his own defense, but he may not be forced to do so.
  8. The state and defense may then each offer “rebuttal" testimony attacking the other side’s evidence.
  9. After any rebuttal evidence, the case - and the evidence - is closed.
  10. At that time, the defense may once again ask the judge to dismiss or “throw out" one or all charges , this time on the ground that there is not enough credible evidence to support a guilty verdict.
  11. Upon the close of the case, each party then submits requests for written “jury instructions" to be given to the jury, which set out an accurate summary of the applicable law as well as the things that the jury must determine beyond a reasonable doubt before it can return a verdict of guilty.
  12. The court reviews these jury instructions, and decides which should or should not be used.
  13. The court usually reads most of these to the jury before the two sides then make their closing arguments.
  14. Each side then makes its closing argument, or “summation", to the jury. In Wisconsin, the State gives the initial closing summation. The defense then gets to make a closing argument, after which the prosecutor has the final word.
  15. If the defense makes no closing argument, or a very, brief, general one, the State may not be allowed to give as second closing argument afterwards.
  16. Additional, alternate jurors are either removed and asked to remain in the event of the illness of a deliberating juror, or alternatively, they are dismissed from the jury and sent on their way.
  17. The jury is instructed on how to conduct their deliberations and how to select their foreman (or presiding juror).
  18. The jury then goes into a separate room, to undertake its deliberations. They are given a copy of the written jury instructions, and also allowed access to most exhibits introduced into evidence at trial.
  19. When the jury has reach a unanimous verdict (and they must all agree on a verdict or no verdict can be returned), it notifies the court in writing, and they are brought back into open court to announce that verdict.
  20. After the verdict is announced, the judge usually “polls the jury" by asking each juror to affirm the verricrt as his or her own.
  21. After accepting the verdicts, the court usually dismisses the jurors with thanks, and then releases them.
  22. The court then enters judgment on the returned verdicts.
  23. If the jury cannot reach a unanimous verdict on one or more counts, the judge can also grant a mistrial on the basis of a “hung" jury, and trhen inquire if the prosecutor will retry the case.
  24. Depending on the verdict and several other factors, the defendant is either released outright, released on bond pending sentencing, or remanded into custody, in anticipation of a sentencing Date.

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