If you’re facing criminal charges in New Jersey, especially in Jersey City or Hudson County, the idea of going to trial can feel overwhelming. You may be wondering what exactly happens in a courtroom, how you’ll be represented, and whether your lawyer will truly fight for you. The truth is, the role of a criminal defense attorney during trial is absolutely crucial—it can be the deciding factor in whether you’re found guilty or go home with your freedom intact.
Let’s walk through what a criminal defense lawyer actually does during trial, and why having a skilled, experienced attorney on your side can make all the difference.
Pre-Trial Work: Laying the Foundation
Technically, a lot of the work begins before the trial even starts. In the weeks and months leading up to trial, your criminal defense lawyer is already hard at work building your defense. This includes:
- Investigating the facts of the case
- Reviewing police reports and discovery (evidence the prosecutor plans to use)
- Interviewing witnesses
- Filing pre-trial motions (e.g., to suppress evidence, dismiss charges, or compel disclosure)
- Negotiating with the prosecutor for a possible plea deal or reduced charges
By the time your trial begins, your lawyer should have a deep understanding of the case—stronger, even, than the prosecution’s understanding in some instances.
Jury Selection (Voir Dire)
If your case is going to a jury trial, one of the first critical steps is jury selection. This might not sound dramatic, but it’s a vital part of the process.
Your attorney will:
- Help select jurors who are more likely to be impartial and fair
- Ask questions to uncover potential biases
- Challenge certain jurors with cause (e.g., if they show prejudice)
- Use peremptory challenges to dismiss jurors strategically
A single biased juror can influence an entire verdict—so this part of the process is extremely important.
Opening Statement
At the start of the trial, both sides deliver opening statements. This is the defense lawyer’s chance to:
- Set the tone of the case
- Humanize you in front of the jury
- Introduce the theory of your defense
- Start to create doubt in the prosecution’s narrative
A good opening statement isn’t just about facts—it’s about storytelling and persuasion.
Cross-Examining the Prosecution’s Witnesses
One of the most powerful tools a defense lawyer has is cross-examination. This is where they challenge the prosecution’s witnesses to expose:
- Inconsistencies in testimony
- Lack of credibility
- Bias or motivation to lie
- Weaknesses in how evidence was collected or presented
This is where the case can turn. A strong cross-examination can unravel the prosecution’s entire story in front of the jury.
Presenting the Defense Case
In some trials, the defense may call witnesses or present evidence—but not always. The burden of proof is on the prosecution, not the defense. That means you don’t have to prove your innocence—they have to prove guilt beyond a reasonable doubt.
Still, your attorney may decide to:
- Call expert witnesses (e.g., a forensic analyst or psychologist)
- Present an alibi or other supporting evidence
- Have you testify (only if it’s in your best interest—this is a strategic decision)
Every move here is calculated to bolster your defense and poke holes in the state’s case.
Closing Argument
This is the last time your lawyer will speak directly to the jury before deliberation. A closing argument is where your defense attorney:
- Recaps the weaknesses in the prosecution’s case
- Emphasizes key facts that support your innocence
- Reinforces the legal standard of “beyond a reasonable doubt”
- Ties the evidence back to your defense theory
This is the final opportunity to persuade the jury—and experienced attorneys know how to deliver a closing argument that resonates.
Jury Instructions & Deliberation
Before the jury deliberates, the judge gives them instructions about the law and how they must interpret it. Your defense attorney will likely have weighed in on these instructions behind the scenes, pushing for language that favors your rights and limits confusion.
While the jury is deliberating, your lawyer stands ready for questions, clarification, or, in some cases, negotiating a last-minute resolution if the jury seems deadlocked.
Post-Trial Motions & Sentencing
If the verdict is not in your favor, the job isn’t over. Your lawyer can file post-trial motions to:
- Challenge the verdict
- Request a new trial
- Push for a reduced sentence
And if you’re convicted, your lawyer will advocate for the most lenient sentence possible, highlighting mitigating factors and presenting your story in the best light.
Final Thoughts
When you’re on trial in New Jersey, your criminal defense lawyer is your voice, your protector, and your strategist. Their job isn’t just to argue the law—it’s to challenge the system, level the playing field, and make sure your side of the story is heard loud and clear.
Don’t go into trial alone, and don’t settle for a lawyer who’s not 100% ready to fight for you. The stakes are too high. We recommend criminal defense attorney jersey city.
