Criminal Trials

Trial begins with jury selection — called voir dire — where the judge and attorneys question prospective jurors about their backgrounds, potential biases, and ability to be fair. Both sides can challenge jurors for cause (a specific reason showing they can't be impartial) or use a limited number of peremptory challenges to remove jurors without stating a reason. In Nevada felony cases, a jury typically consists of 12 jurors and requires a unanimous verdict to convict.

After the jury is seated, each side delivers an opening statement. The prosecution goes first and outlines what it intends to prove. The defense follows with its own opening — presenting the defense theory of the case, what the evidence will actually show, and why the prosecution won't be able to meet its burden. Opening statements are not evidence, but they frame how jurors hear and interpret everything that follows.

After openings, the prosecution presents its evidence. Witnesses are called to the stand for direct examination — the prosecutor asks them questions. The defense then conducts cross-examination: the opportunity to challenge the witness's account, expose inconsistencies, establish bias or motive to lie, and undermine the prosecution's narrative. After cross, the prosecution can conduct redirect to address anything raised.

Physical evidence — documents, weapons, photographs, clothing, lab results — is introduced through witnesses who can authenticate it. Each item must be shown to be relevant and properly obtained. The defense can object to any exhibit and challenge its admission. If the court overrules the objection and admits it, that ruling is preserved for appeal.

Audio and video recordings — body camera footage, dashcam video, recorded calls, surveillance footage — are played for the jury during the prosecution's case if admitted. These are often the most impactful pieces of evidence, and how they're contextualized matters as much as what's in them.

When the prosecution has called all its witnesses and introduced all its evidence, it rests. At that point, the defense can move for a directed verdict — arguing that the prosecution has failed to present evidence sufficient for a reasonable jury to convict. If granted, the case is over. If denied, the defense presents its case.

The defense is not required to present any evidence. The prosecution bears the entire burden of proof — the defense never has to prove innocence. In some cases, the strongest defense is simply holding the prosecution to its burden without presenting any witnesses at all.

When the defense does present a case, it can include:

• Alibi witnesses who place the defendant elsewhere when the crime occurred
• Character witnesses who speak to the defendant's history and reputation
• Expert witnesses who challenge the scientific validity of prosecution evidence — a DNA analyst, a forensic accountant, a medical expert disputing the cause of an injury
• Fact witnesses whose accounts contradict or provide context for what the prosecution's witnesses said

The defendant has a constitutional right to testify — and an equal right not to. No inference of guilt can be drawn from a defendant's choice not to take the stand, and the jury must be instructed accordingly. Whether the defendant testifies is one of the most consequential strategic decisions in any trial. It depends on the strength of the prosecution's case, the defendant's credibility under cross-examination, and what the defense gains versus risks by putting the defendant on the stand.

After both sides rest, closing arguments give each side the opportunity to summarize the evidence and argue for a verdict. The prosecution goes first, followed by the defense. Because the prosecution bears the burden of proof, it gets one additional opportunity — a rebuttal — after the defense's closing. The defense does not get to respond to the rebuttal.

Before deliberations begin, the judge delivers jury instructions: the legal definitions of each charged offense, what the prosecution must prove for each element, the standard of proof (beyond a reasonable doubt), and how the jury should evaluate evidence and credibility. Both sides typically submit proposed instructions in advance, and disputes over what instructions to give are argued to the judge.

Jury instructions matter more than most people realize. The specific wording of each instruction defines the legal framework the jury uses to evaluate every piece of evidence — and errors in instructions are one of the most common grounds for appeal.

After instructions, the jury retires to deliberate. In Nevada, a felony verdict must be unanimous — all 12 jurors must agree. If the jury cannot reach a unanimous decision after deliberating, it is a hung jury and a mistrial is declared. The prosecution can choose to retry the case, negotiate a plea, or dismiss.

When a verdict is reached, the jury returns to the courtroom and announces it. On a not guilty verdict, the defendant is acquitted and cannot be retried on those charges — double jeopardy attaches. On a guilty verdict, the case proceeds to sentencing.

After a guilty verdict, the defense can file post-trial motions — a motion for a new trial based on errors during the proceeding, or a motion for judgment of acquittal notwithstanding the verdict arguing that the evidence was legally insufficient. If those are denied, the issues are preserved for appeal after sentencing.

Once your case resolves, you may be eligible to seal the record — removing it from background checks. If you were convicted and believe legal errors occurred at trial, an appeal may be an option.