If the case proceeds to trial, the first step is jury selection. In federal court, most of voir dire is conducted by the District Court Judge. 12 jurors are picked and 2-6 alternates are chosen to sit on the case.

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Both sides will have an opportunity to make an opening statement. The prosecutor goes first, telling the jurors how the government will prove the charges against the accused. The defense attorney will go second, explaining to the jurors how the anticipated evidence will not show guilt.

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After opening statement, the prosecution will present their evidence and call their witnesses. Only evidence that complies with the Rules of Evidence is admissible. The defense attorney will make any necessary objections warranted under the law. The judge has to decide to sustain or overrule the objections. “Sustained” means the objection is valid. “Overruled” means the objection is rejected. Sometimes attorneys will request or be asked to have a “side bar” conference so that legal matters can be discussed outside of the hearing of the jury.

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After the prosecution rests, the defense has an opportunity to present a case. A criminal defendant has no burden to put on any evidence. However, the attorney and client may decide to put forth evidence or witnesses. In every case, the client must decide whether he or she wants to testify or to remain silent. If the client chooses to remain silent, the jury will be instructed not to use that silence against him.

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At the end of the case, each side will have an opportunity for closing argument. The prosecution starts and has the rebuttal. After closing, the Judge will charge the jury, reading the jury instructions and instructing the jury members on the law. Then the jury will leave the courtroom and begin their deliberations. 

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The jury must reach a unanimous verdict, either guilty or not guilty. Or, it is a hung jury. If it is a hung jury, the Judge will declare a mistrial and the prosecution can retry the case. If the verdict is not guilty, the result is an acquittal and the defendant will be released. If the verdict is guilty, the defendant will be convicted and the Judge will set a sentencing date, typically 70 days out.