Trial

In a criminal trial, the state must prove beyond a reasonable doubt that the Defendant committed the crime. Felonies are tried in Superior Court. Superior Court juries have either eight or twelve jurors depending on the nature of the charge. Misdemeanors are tried in limited jurisdiction courts such as City Courts or Justice Courts. Limited jurisdiction courts have six jurors. A verdict must be unanimous or a mistrial can be declared and the case can be retried.

In cases where a jury trial is required under state law, the defendant and prosecutor can agree to have the trial without a jury. This is called a bench trial. The judge would determine the verdict. Some cases are not jury eligible and can only be tried to the judge.

In a case where a not guilty verdict is reached, the charges are dismissed and the Defendant cannot be retried on the same charges. This is called ″double jeopardy.″

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