CRIMINAL TRIALS ARE USUALLY TWO TRIALS IN ONE

Did you know that if you're charged with a crime and have a trial there's actually two phases to the trial. In this video I'll explain the two very different phases of a trial and the purpose of each phase.  And if you stay to the end I'll tell you something that you may already know is that why sometimes there's only one phase to the trial and that would be very good news for you.

I'm Andrew Williams.  I'm board certified in criminal law and I have 30 years of trial experience behind me. I share my experience with you to help you better understand the law and possibly use it to your benefit. As always I provide you with General practical legal information but the law may vary from one jurisdiction to the next therefore if you do have a legal problem make sure you consult an attorney in your area where you live to properly advise you about the facts and circumstances surrounding your particular case.

What is a Bifurcated Trial?

In most jurisdictions trials are bifurcated which means they have two parts or two phases. You always have to prepare for both phases of the trial because you don't know how the first phase is going to turn out.

The Guilt Innocense Phase

The first phase is also called The Guilt innocence phase. Even though you're never really found innocent. A jury only determines whether you're guilty or not guilty. You're never found innocent by the jury.  You're either guilty or not guilty. The guilt innocence phase of the trial is where the evidence is presented, Witnesses testify under direct and cross-examination. This is a phase you're always see on TV and in the movies. Because it's always more interesting.  But if you're unfortunate enough to be found guilty by the jury in phase one then you move on to the second phase.

The Punishment Phase

In the punishment phase the jury will hear additional testimony and evidence in order to decide how you should be punished for your crime,  should you go to jail or maybe get probation. The type of punishment depends on the facts of the crime you committed, your personal background and whether you have prior convictions and what those convictions are for.  If it's your first offense you have a good shot of getting probation.  If it's not a really really serious crime like murder or robbery or kidnapping something like that and you're more likely to get probation for your first offense than you are if you have a bunch of Prior convictions. 

That's what bifurcated trials are. Phase one the jury determines whether you're guilty or not guilty and if you're found guilty then the jury moves on and determines your punishment in phase two. By now you probably know why there's sometimes only one phase to the trial. Thats good news for you because if you're found not guilty there's no phase two and you go home right after phase one with a great big smile on your face.

I hope this information was helpful. For more information on other legal topics search my website and blog.

Author: Andrew Williams

I am a criminal defense lawyer with over 30 years experience defending people accused of wrongdoing. I am board certified by the Texas Board of Legal Specialization. Only ten percent of attorneys in Texas are board certified in their respective field. I practice criminal law exclusively in both state and federal court including appeals of criminal cases.