May 27, 2026

Not Guilty Chapter 18 | Walking Through a Trial

MOTIONS IN LIMINE are motions filed ahead of time asking that certain information be allowed or not allowed during the trial. These are filed ahead of time, so the judge can make a decision about whether or not the information can be used in the trial, ahead of time, without the jury being present. These will likely be addressed during a pretrial conference, which will take place a few days to a few months before the scheduled trial date.

Jury Selection. Trials begin with jury selection. The court clerk’s office will summon a group of sixty people, maybe more, maybe less. They send out sixty letters asking random people from the county to serve as jurors, and they assign each a number. The jury pool, the potential jurors, may come from a list of registered voters. Each juror is sent a questionnaire, with basic information about that person, like age, employment and level of education. Lawyers may want to investigate them further, such as looking them up on social media, to see what they can learn about them ahead of time. The jury pool is confidential, and lawyers must treat them with respect. There is no contacting jury members before trial. After the jury is called in, first the prosecutor, and then the defense have the opportunity to ask questions. They are trying to find out more about those people, to weed out the ones with biases against each side. Of course, a juror who might be good for one side likely would not be appreciated by the other. Each side gets to strike a handful of jurors of their choosing for any reason but race. During questioning, they can move to strike jurors they felt were unjustifiably biased. For example, if a prospective juror said that they would never, ever believe a cop’s word for anything, the prosecutor might want to strike that person from the jury. Alternatively, if a prospective juror came from a family of law enforcement and was going to believe the word of a cop over anything, perhaps the defense would want to strike that juror. Once all the prospective jurors that are going to be stricken have been removed, the jury panel is chosen in numerical order from the remaining prospective jurors. The first twelve of the remaining jurors are chosen, with perhaps one or two “alternates”, extras, in case one of the other jurors should have to leave due to an emergency or some other reason.

Opening Statements. Once the jury has been sworn in or empaneled, each side has the opportunity to make an opening statement. The Judge will give each side a specific amount of time to speak to the jury about their case. The opening statement is not evidence, but it can discuss what that side believes evidence will prove. Because the prosecutor filed the case, the prosecutor gets to go first. After the prosecutor makes his opening statement, the defense attorney gets a turn to also make an opening statement.

The Prosecutor’s Turn. Because the prosecutor filed the case, the prosecutor gets to go first. During this period of the trial, the prosecutor is trying to prove his case against the defendant, by presenting all the facts/evidence he has. Evidence can be in the form of eye-witness testimony, documents, pictures, objects, or anything else the prosecutor can present to try to prove his case. He is required to produce all his evidence to the defense in advance in discovery, and he is also required to produce a witness list in advance. The prosecutor will call each of his witnesses one at a time, and then he will be able to question his witnesses in his direct examination. During direct examination, the lawyer who called the witness may ask that witness open-ended questions to give that witness the opportunity to present what information they have to offer. An example of an open-ended question is: “Describe what you saw.” After direct examination comes cross examination during which the opposing attorney asks close-ended questions of the same witness. Close-ended questions supply the facts in the question and are framed so that the witness will answer either with yes or no. An example of a close ended question is, “You did not see anything, correct?” Once the prosecutor has presented all of the witnesses and evidence he has to offer, he will rest. This is the close of his case. He is done offering evidence.

Evidence can be in the form of eye-witness testimony, documents, pictures, objects, or anything else the prosecutor can present to try to prove his case.

Direct Examination. During direct examination, the lawyer who called the witness may ask that witness open-ended questions to give that witness the opportunity to present what information they have to offer.

Cross Examination takes place after the direct examination, and the opposing attorney asks close-ended, usually “yes” or “no” questions, of the same witness.

Testimony – For a witness to speak at trial.
First motion for judgment of acquittal. After the prosecutor finishes presenting all of his evidence, the defense may ask that the judge find that the prosecutor failed to prove his case, and that the case should be dismissed.

The Defendant’s Turn. After the close of the prosecutor’s case, the defense then has the opportunity to put on evidence of their own. They are required to disclose as discovery what information they plan to use at trial within ten days of determining they plan to use it. Remembering that the defendant has a fifth amendment right not to incriminate himself, he is not required to disclose all the information he has like the prosecutor is. He is required to disclose what he plans to use at trial. The defense will then call their witnesses for direct examination, and the prosecutor will be able to question those same witnesses in turn on cross examination. Once the defense has presented all of their evidence, the defense rests, and closes their case.

Most attorneys prefer that the defendant does not testify, or speak on his own behalf. The defendant has a right not to incriminate himself, but he gives up that right by choosing to testify.

If the defendant testifies, the prosecutor may ask about prior criminal offenses that otherwise might not be allowed into evidence. The prosecutor makes a living out of asking people questions and tripping them up. Lots of people think they can outsmart the prosecutor, and it is often a mistake. If you are facing a trial and considering testifying, discuss this in detail with your attorney ahead of time. If you are facing a trial and don’t have an attorney, get one immediately!

Rebuttal Evidence. Either side has the opportunity to present rebuttal evidence in response to evidence that may have been presented. For example, if the prosecutor feels that a witness has lied about certain information, he may bring a different witness who has more information on that topic as a rebuttal.

Closing Arguments. After the Judge has issued all preliminary rulings, each side will be given the opportunity to make a closing argument to the jury. They will go over all the facts presented, and argue their position. Each side is given the same amount of time, but the prosecutor gets to go both first and reserve a couple minutes to also go last.

Second motion for judgment of acquittal. After both sides have finished presenting all of the evidence, the defense may again ask that the judge to find that the prosecutor failed to prove his case, and that the case should be dismissed.

Jury instructions. The lawyers will spend a significant amount of time preparing what instructions the judge will give to the jury. Upon completion of closing statements, the judge will issue instructions to the jury, and the jury will retire to deliberate, or discuss and decide amongst themselves what their verdict will be, whether they will find the defendant guilty or innocent. After the jury makes their decision, they will be brought out one last time to announce their decision, after which they will be thanked for their service and released.

Verdict – the determination of guilt or innocence.

Sentencing. The Jury is only involved in sentencing if the defendant has no prior criminal history. If the defendant has a prior history, sentencing will be left up to the judge, in a bifurcated proceeding, or separated proceeding, on another date. A sentencing assessment report will be ordered, and the defendant and his attorney will be given the opportunity to prepare evidence and an argument for a sentencing hearing on a later date.

A sentencing hearing will follow either a finding of guilt at a trial, or after a blind guilty plea where the judge will be deciding the punishment because there was no agreement with the prosecuting attorney regarding the outcome of the case. It generally takes place on a different day, so that both sides can prepare, and to allow time for P&P to prepare the Sentencing Assessment Report, unless that is waived. At the hearing, both sides will argue for their desired outcome, and both sides may present evidence if they wish. The victim, if there is one, will be notified and may be present and make a statement. The defendant may also have witnesses or other evidence they may want the judge to take into consideration. Sometimes the judge will make his decision during the hearing. Sometimes, the judge will “take the matter under advisement”, meaning he is going to think about it and decide at a later time.
Braxton arrived late. The Judge had said to be there by 8:30. Braxton arrived around 9:10, where he found his attorney in a panic. The place was crawling with people, all wearing paper numbers marked “juror”. He saw his football coach there! His lawyer said they were going to cancel and send everyone home if he wasn’t there by 9:15. The lawyer then dashed into the courtroom to let his judge know he was there. The judge was clearly upset. He ordered everyone to take their seats, and then he asked the clerks to gather the jurors and bring them in.

They stood up while around sixty people filed their way into the seats in the courtroom, each with a number. Braxton’s lawyer gave him a piece of paper to write notes on. The Judge addressed the prospective jurors, thanked them for coming, and then asked them if anyone knew Braxton or any of the lawyers. Braxton’s football coach was excused. The prosecutor started asking questions. Jurors number 13 and 37 had family members who were in law enforcement. Juror number 57 had a family member who had been assaulted by law enforcement. Juror number 62 was pregnant and wanted to be excused. Juror number two had a child who had overdosed on drugs. She was staring daggers at his head. Both the prosecutor and then Braxton’s attorney also got to ask the prospective jurors questions. Then they sent the jury back out of the room. They argued about whether or not Jurors 2, 13, 27, and 57 were biased. Number 62 was excused. Braxton’s lawyer tried to argue that number 2 should be excused, but the Judge felt she could be fair. First, they eliminated everyone who they thought was biased or could not be fair. Then each side got to pick a few they didn’t like, and eliminated those, too. Braxton’s lawyer eliminated number 2. Then they took the first twelve in order, plus one extra as an alternate, and that was going to be the jury.

With the jury seated, the prosecutor called his first witness. He called the officer who had pulled over Alexis, and he played the dash cam video from the traffic chase and stop. The second officer had been wearing a body camera, and they played that video showing Braxton passed out in the car. It also showed him going through Braxton’s wallet for his identification, and finding cocaine. A lab report from the hospital was introduced, showing cocaine in his system, and if that wasn’t bad enough, it also showed some amphetamines. He had given his lawyer a copy of his prescription for Ritalin, but his lawyer said he couldn’t use a prescription from two years ago. A lab report was introduced proving that the powder they found was cocaine, and the amount and quality of it. Finally, they had an investigator testify about a conversation in the hospital with Braxton where he admitted to getting high. A series of text messages from his phone were presented, showing conversations with the people he had sold the drugs to, followed by a crumpled, mini ledger that had been found at the bottom of his backpack. With every witness, and every document or piece of evidence, Braxton sank lower in his seat.

When the prosecutor announced that he had called his last witness, he “rested.” Braxton’s lawyer first asked the Judge to acquit Braxton for the prosecutor having failed his case. The judge didn’t even let him argue. He just told him to call his witnesses. But they did not have anything to offer. Braxton had wanted to call Alexis to testify, but his lawyer thought that would be a bad idea. There was no telling what she might say. Braxton wanted to testify that Alexis had hidden the drugs in his bag, that she knew the passcode for his phone, and had been using his phone to initiate the sales. Braxton wanted to testify, but his lawyer didn’t want him to. Braxton insisted.

Braxton testified that Alexis was the culprit. She had set him up. She got them arrested, and she hid the drugs in his backpack and wallet before the cops got to them. He testified that she knew the passcode to his phone, and she had been using his phone to set up drug sales. He testified that he had never used cocaine before and didn’t even know what it looked like. He talked about being a college student, and his role taking over his father’s business one day. The prosecutor objected that that was irrelevant, and the judge sustained the objection. Then the prosecutor got to ask him questions. The prosecutor asked him to explain some social media posts from his account showing him getting high. The prosecutor asked him to explain texts off his phone going back months setting up sales. The prosecutor asked how Alexis could possibly have gotten drugs into his wallet while she was swerving all over the road, and replayed the video of the traffic stop, when she crashed into the ditch, and jumped straight out of the car. Then the prosecutor started showing him social media posts suggesting he was selling drugs from after the traffic crash, and asked if Alexis had his password to that, too. Braxton’s lawyer finally did something useful and objected. The judge told them to move on.

With the jury taking a break, Braxton’s lawyer again asked for a judgment of acquittal, finding that the prosecutor had failed to prove his case. The judge replied tartly that if he was issuing a judgment, he would have found him guilty beyond a reasonable doubt, but that would be for the jury to decide. The jury was called back in, and the judge instructed them on the law and the decision they needed to make. They were sent to the jury room to deliberate. Braxton wanted to go outside to smoke, but the Judge wouldn’t let him leave the room. The prosecutor asked the Judge, if the Jury found Braxton guilty, to take Braxton into custody between now and the sentencing date. Braxton’s lawyer was arguing with the prosecutor and the Judge about that when the jury sent a message that they were ready. The jury had not been gone long at all.

Braxton stood while the jury filed back into the room. The judge thanked them again for their efforts, and asked them for their verdict. “Guilty.”
*Disclaimer: This book is intended as an informational resource regarding the criminal court process in the State of Missouri, not to advise you legally concerning your specific legal situation. This book is not intended to take the place of a skilled and competent attorney. If you or a loved one are facing charges in the criminal courts, you have potential rights at risk, and you need to get an attorney. The choice of an attorney is an important decision, not based on advertising alone. You are not represented by the writers of this book, and the writers of this book are not liable for any reliance on the information in this book. You need to get your own attorney to advise and assist you concerning the specific facts of your situation. This book was written in 2024 concerning Missouri law and does not apply to the laws of other States. Sometimes laws change. Different locations have different practices and local rules. This book is not intended to be exhaustive. If you are in need of an attorney, do not rely on this book, GET A LAWYER!