A criminal trial in the United States is a court proceeding where the government must prove that a defendant committed a criminal offense. The trial determines whether the defendant is found guilty or not guilty under the law.
Criminal trials usually occur after earlier stages such as arrest, charging decisions, and pretrial hearings, including situations where defendants are released pending trial while awaiting court proceedings.
What happens
When a criminal case proceeds to trial, the court schedules formal proceedings before a judge and often a jury.
The trial process generally includes several stages:
- Jury selection, where potential jurors are questioned and selected.
- Opening statements, where prosecutors and defense attorneys outline their arguments.
- Presentation of evidence, where witnesses testify and documents or other evidence are introduced.
- Cross-examination, where each side questions the other side’s witnesses.
- Closing arguments, where each side summarizes its case.
After these stages, the judge instructs the jury on the applicable law.
The jury then deliberates privately to reach a verdict.
What determines the outcome
The outcome of a criminal trial depends on:
- The strength of the evidence presented.
- Witness testimony and credibility.
- Legal arguments made by the prosecution and defense.
- The jury’s evaluation of whether the government proved the case beyond a reasonable doubt.
If the case is tried without a jury, the judge makes the final decision.
What it may lead to
Common outcome:
- Jury returns a verdict of guilty or not guilty.
Possible escalation:
- If the defendant is found guilty, the case proceeds to the sentencing stage of the criminal case, where the court determines the appropriate criminal penalty.
- Post-trial motions or appeals may be filed by the defense, and in some cases charges are dismissed if legal issues arise after the verdict.
Worst realistic outcome:
- Conviction on serious charges leading to substantial criminal penalties such as imprisonment, fines, or probation.
If the defendant is found not guilty, the case ends and the defendant is released from the charges.
Common escalation triggers
Factors that often affect trial outcomes include:
- Strong physical or documentary evidence.
- Credible witness testimony.
- Prior statements or recorded evidence presented in court.
- Legal rulings on admissibility of evidence during trial.
Court rulings on evidence can significantly influence how the case proceeds.
What this depends on
Criminal trial procedures vary depending on:
- State criminal law.
- Federal or state court jurisdiction.
- The nature of the charges.
- Pretrial rulings affecting evidence or testimony.
Federal courts and state courts follow similar constitutional standards but operate under different procedural rules.
Who controls the process
Criminal trials are conducted within the court system.
- Prosecutors represent the government.
- Defense attorneys represent the defendant.
- Judges oversee the proceedings and enforce legal rules.
- Juries determine the verdict in most criminal trials.
Last reviewed: March 2026
This page describes typical operational outcomes. Individual cases vary.