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AZHARI LLC BLOG

Jan. 7 2025

The Process of a Burglary Trial and What to Expect

Posted By: azhari dev
Category:

Understanding the process of a burglary trial is important, whether you’re a defendant, family member, or observer. Each stage, from crime to arrest to sentencing, follows a set process with procedures and protocols. This guide will break down each step to give you a clear and simple explanation of what to expect in a burglary trial.

Key Stages of a Burglary Trial

Charges and Pre-Trial Preparations

This phase includes:

  • Arrest and Charges: The defendant is arrested, read their rights, and charged with burglary crime.
  • Initial Hearing: Here, the defendant hears the charges against them and can plead guilty, not guilty, or no contest.
  • Pre-Trial Motions: Lawyers on both sides can file motions to suppress evidence, request dismissals, or change of venue.
Stage Purpose Example
Arrest To take the suspect into custody and begin formal proceedings Police detain someone suspected of breaking into a property
Initial Hearing To read the charges and set bail “You are charged with burglary under state law…”
Pre-Trial Motions To refine what evidence or arguments can be presented Motion to exclude illegally obtained video footage

Pro Tip: Hiring an experienced burglary lawyer during this stage is key to successfully getting through these early stages in court.

Jury Selection

Once pre-trial is finished, jury selection begins. This is where both sides aim to ensure a fair, unbiased jury.

Jury selection is a careful process where lawyers choose jurors who are best suited to ensure a fair and impartial trial.

During jury selection, lawyers ask potential jurors about any biases they might have that could affect their judgment. This process, also known as voir dire, ensures the jurors can remain impartial.

Lawyers can remove jurors in two ways:

  • Challenges for Cause: If a juror is seen as biased, they can be dismissed for a specific reason (like knowing the defendant).
  • Peremptory Challenges: Lawyers can use a limited number of these to remove jurors for any reason, without needing to explain why.

The Trial Process

Opening Statements

The trial begins with opening statements. Both sides present their cases, outlining their arguments and providing an overview of the evidence they will present.

Presenting Evidence

This stage is when the evidence is introduced. It can include:

  • Witness testimony or victim statements for or against the defendant.
  • Physical evidence, such as stolen property or fingerprints.
  • Digital evidence, such as text messages, emails, or surveillance footage.

This evidence forms the core of the case, with each piece providing important information to help establish the facts.

Cross-Examinations

Cross-examinations occur when lawyers question witnesses presented by the opposing side. The prosecution may attempt to catch the defendant in contradictions, while the defense may seek to challenge the credibility of eyewitnesses. This phase is critical, as the outcome often hinges on how well each side can question and refute the testimony.

The Verdict and Sentencing

Jury Deliberation

After closing arguments, the jury deliberates. During this process, jurors review the evidence, discuss the key points, and determine whether the defendant is guilty or innocent. This takes place behind closed doors, and the jurors must reach a unanimous verdict. If they cannot agree, it results in a hung jury.

Criminal Sentencing

If the defendant is found guilty, sentencing follows. The judge will take into account factors such as prior convictions, remorse, and the severity of the crime when determining the sentence.

Here’s a sample sentencing table for burglary convictions:

Burglary Severity Potential Sentence
First-time offense Probation or up to 1–3 years in prison
Repeat offender 3–7 years in prison
Aggravated burglary 5–15 years in prison

Note: A skilled burglary lawyer can advocate for reduced sentences or alternative penalties like probation or community service.

Wrapping Up the Criminal Law Experience

Going into a burglary trial without knowing the process can be daunting, but breaking it down into these steps helps. From arrest to sentencing, every phase has a purpose, a pace, and a way to influence the outcome.

Whether you’re going to trial or just wondering, always remember to consult with a burglary lawyer who can walk you through any and all suspected crimes. A defense attorney is more than a resource—they’re your legal protector when it counts.

Need Guidance With Your Burglary Case?

Contact Azhari LLC today for expert legal advice and a strong defense strategy. Get the support needed to navigate the legal system with confidence.