and with court-determined conditions imposed (for example, not having contact with the alleged victim); 
the selection and use of a grand jury or preliminary hearing processes (in which either a grand jury or a 
judge determines whether there is sufficient evidence that a felony has been committed); any pretrial motions 
such as motions to suppress evidence (for examples, asking the court not to let the government use evidence 
it may have obtained illegally through a search or getting a confession), motions to challenge a subpoena, 
motions to change venue (to move the trial), motions to join or sever cases (for example if two or more 
individuals are charged with the offense, should the trials be held together or separately). During the pretrial 
phase, prosecutors and defendants through their defense attorneys will engage in plea bargaining, and will 
generally resolve the case before a trial is held. 
Trial Phase 
The trial phase is governed by laws covering speedy trial guarantees, the selection and use of petit jurors
(trial jurors); the rules of evidence (statutory and common law rules governing the admissibility of certain 
types of evidence such as hearsay or character evidence, the competency and impeachment of witnesses, 
the existence of any privilege, and the exclusion of witnesses during the testimony of other witnesses); 
the right of the defendant compulsory process (to secure favorable testimony and evidence); the right of 
the defendant to cross-examine any witnesses or evidence presented by the government against him; fair 
trials free of prejudicial adverse pre-trial or trial publicity; fair trials which are open to the public; and the 
continued right of the defendant to have the assistance of counsel and be present during his or her trial. 
Sentencing Phase 
The sentencing phase is governed by rules and laws concerning  the substantive criminal laws on 
punishment (discussed above); time period in which a defendant must be sentenced; the defendant’s right 
of allocution (right to make a statement to the court before the judge imposes sentence); any victims’ rights 
to appear and make statements at sentencing; the defendant’s rights to present mitigation evidence and 
witnesses; and the defendant’s continued rights to the assistance of counsel at sentencing. In capital cases in 
which the state is seeking the death penalty, the trial will be bifurcated (a trial split into the “guilt/innocence 
phase” and the “penalty phase”) and the sentencing hearing will be more like a mini-trial. 
Post-Conviction Phase (Appeals Phase) 
The post-conviction phase is governed by rules and laws concerning the time period in which direct 
appeals must be taken; the defendant’s right to file an appeal of right (the initial appeal which must be 
reviewed by an appellate court) and right to file a discretionary appeal; the defendant’s right to have the 
assistance of counsel in helping to file either the appeal of right or a discretionary appeal. The post-conviction 
phase is also governed by rules and laws concerning the defendant’s ability to file a writ of habeas corpus (a 
civil suit against the entity who is currently holding the defendant in custody) or a post-conviction relief 
suit (a civil suit similar to a habeas corpus suit but one which can be filed by the defendant regardless if he 
or she is in custody). The post-conviction phase would also include any probation and parole revocation 
hearings. 
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