What Happens During a Criminal Trial in Indiana?

For many defendants in Indiana, the idea of a criminal trial is intimidating. Understanding what happens in court, and the role of a criminal defense attorney, can help reduce fear and prepare for a fair defense. A trial is a formal legal proceeding where the prosecution and defense present their evidence and arguments to a judge or jury. The goal of the defense is to create reasonable doubt and protect the defendant’s rights throughout the process.

This guide explains each stage of a criminal trial in Indiana, what to expect, and how a criminal defense lawyer ensures the best possible outcome.

Before a trial begins, the criminal defense attorney engages in extensive preparation, including:

• Reviewing all discovery materials 
• Investigating the facts and evidence 
• Interviewing witnesses 
• Consulting with experts for testimony
• Filing pre-trial motions to suppress evidence or dismiss charges
   

Pre-trial preparation is crucial. A skilled attorney may file motions to challenge the legality of evidence, the conduct of police officers, or procedural errors that could weaken the prosecution’s case. The goal is to level the playing field before the trial begins.

If the trial is before a jury, the first step is jury selection, known as voir dire. During this process:

• Potential jurors are questioned by both the prosecution and defense
• Attorneys assess juror biases, knowledge of the case, and ability to be impartial
• Attorneys may use challenges to remove jurors who may be unfavorable
   

The criminal defense attorney plays a critical role in jury selection, ensuring that the defendant has a fair trial by shaping a jury that can objectively evaluate the evidence.

Once the jury is seated, the trial begins with opening statements.

• The prosecutor presents an overview of the case and outlines what they intend to prove.
• The defense attorney then outlines the defense strategy, emphasizing constitutional rights and reasonable doubt.
   

Opening statements are not evidence but provide context for the jury to understand the case and the arguments that will follow.

The prosecution presents its case first. This may include:

• Witness testimony
• Physical evidence
• Forensic or scientific reports
• Photographs or video footage
   

Criminal defense lawyers will cross-examine the prosecution’s witness, seeking to uncover inconsistencies, bias, or procedural mistakes. Cross-examination is one of the most critical tools in developing reasonable doubt.

After the prosecution rests, the defense has the option to present evidence. This may include:

• Calling witnesses who contradict the prosecution’s witnesses
• Presenting alibi evidence
• Introducing expert testimony to challenge forensic results
• Highlighting gaps or errors in the prosecution’s case
   

In some cases, the defense may choose not to present evidence but instead rely on the prosecution failing to meet its burden of proof.

During the trial, the defense attorney may file motions for the judge to consider, such as:

• Motion to exclude improperly obtained evidence
• Motion to dismiss based on lack of proof 
• Motion for a judgment of acquittal if evidence is insufficient
   

These motions are critical for protecting the defendant’s rights and can sometimes lead to the dismissal of charges even before the jury deliberates.

After both sides have presented their evidence, the trial proceeds to closing arguments:

• The prosecutor summarizes its case and argues why the jury should find the defendant guilty beyond a reasonable doubt.
   
• The defense attorney emphasizes weaknesses in the prosecution’s case, challenges credibility, and reminds the jury of the legal standard of reasonable doubt.
   

A strong closing argument by a criminal defense lawyer can be the decisive factor in persuading a jury to acquit.

Before deliberation, the judge provides the jury with instructions on the law, including:

• Definitions of charges
• Elements the prosecution must prove
• The burden of proof: beyond a reasonable doubt
• Guidelines for evaluating evidence
   

A criminal defense attorney may object to certain jury instructions or request additional instructions that protect the defendant’s rights.

The jury deliberates in private to reach a verdict. A jury in a criminal case:

• Must reach a unanimous verdict
• May acquit the defendant if they believe reasonable doubt exists
• If the jury cannot reach a verdict, it is called a “hung jury”
   

If the jury reaches a guilty verdict, the defense attorney may file post-trial motions, such as:

• Motion for a new trial based on errors in procedure or jury instructions 
• Motion to reduce sentence or correct legal mistakes
   

These motions are often an essential step before sentencing and can sometimes change the outcome of the case.

If the defendant is convicted, the trial transitions to sentencing. A criminal defense lawyer advocates for:

• Alternative sentencing options (probation, community service, rehabilitation programs)
• Mitigating factors, such as lack of prior record, employment, or family responsibilities
• Presenting character witnesses and evidence to reduce penalties
   

Even after conviction, effective advocacy can influence the judge to impose a sentence that minimizes long-term consequences.

Throughout the trial, the defense lawyer plays multiple critical roles:

1. Protecting Constitutional Rights
   Ensuring that the defendant’s right to a fair trial, due process, and protection from self-incrimination are upheld.
2. Challenging Evidence
   Scrutinizing police reports, forensic analysis, and witness testimony to identify errors or inconsistencies. 
3. Cross-Examination
   Questioning prosecution witnesses to expose weaknesses or contradictions in their testimony.
4. Legal Strategy
   Deciding whether to present evidence, call witnesses, or rely solely on challenging the prosecution’s case.
5. Negotiation and Advocacy
   Even during trial, lawyers may negotiate plea options or sentence reductions if the case could be resolved more favorably.
    

A criminal trial is a complex, structured, and high-stakes process in Indiana. From jury selection to closing arguments, each stage requires careful preparation and skilled legal advocacy. A criminal defense attorney or criminal defense lawyer ensures that the defendant’s rights are protected, that evidence is properly challenged, and that every possible defense is presented. Understanding the trial process can help reduce fear, clarify expectations, and highlight the importance of early legal representation. In criminal cases, a knowledgeable lawyer can often be the difference between conviction and acquittal, or between a harsh sentence and a fair resolution.

If you or a loved one is facing criminal charges, the Kutsenok Law Office is here to help. We are located in Fort Wayne, Indiana and we service Allen County, Adams County, Huntington County, Wells County, DeKalb County, Whitley County, Noble County, Steuben County, and all other counties in Northeast Indiana. 📞 Call 260-443-1676 today to get started.