What Happens at a Trial? A Massachusetts Guide

Empty New England courtroom prepared for a criminal jury trial

A criminal trial is the stage of a case where the Commonwealth must prove a charge in court. A judge presides, lawyers present evidence and question witnesses, and either a jury or, in some cases, a judge decides whether the evidence proves guilt beyond a reasonable doubt. It is not an arraignment, a bail hearing, or a plea hearing. It is the formal process used when a case is not resolved earlier.

For Middlesex County residents following a case, a trial can feel unfamiliar and high stakes. The public may hear that a jury has been selected, that testimony has started, or that the lawyers have given closing arguments. Each is one part of a structured process. The purpose is not to reward the loudest argument or to turn an accusation into a verdict by repetition. It is to test evidence fairly, protect the rights of the person charged, and give the court a reliable basis for a decision.

Short answer: a trial tests the evidence before a verdict

At a criminal trial, the prosecutor represents the Commonwealth and must prove each required part of a charge beyond a reasonable doubt. The defense lawyer represents the person charged and can challenge the evidence, cross-examine witnesses, present a defense, and argue that the proof falls short. The judge makes legal rulings, explains the law that applies, and keeps the proceeding fair and orderly.

In a jury trial, jurors decide the facts. They listen to the testimony, review the evidence admitted in court, follow the judge's legal instructions, and return a verdict. In a bench trial, the judge serves as the fact finder instead of a jury. The Massachusetts Rules of Criminal Procedure set the framework for criminal trials, but the facts, charges, and legal questions can make each case different.

What happens before a criminal trial begins?

A trial usually comes after earlier court dates and substantial preparation. At arraignment, the court formally addresses the charge and the case begins. At later pretrial hearings, lawyers may exchange information, raise legal issues, discuss whether the case can be resolved, and prepare for a possible trial. The campaign's arraignment guide and pretrial-hearing guide explain those earlier stages.

Not every criminal case reaches a trial. Some are dismissed when the evidence or law does not support moving forward. Others resolve through a plea, diversion, or another lawful outcome approved by the court. A trial is not a failure of the system. It is the process used when a charge must be tested before a judge or jury because the case has not been resolved in another way.

Before trial, both sides prepare carefully. Prosecutors assess whether their evidence can meet the required burden of proof. Defense lawyers review the Commonwealth's evidence, investigate the case, advise their client, and decide what challenges or evidence to present. The judge may decide legal motions about what evidence can be heard at trial. That work matters because jurors should decide the case on lawful, reliable evidence, not on speculation or information that does not belong in the courtroom.

Prepared courtroom counsel table with closed case folders, legal pads, and pencils

How are jurors selected?

In a jury trial, the court begins by bringing in prospective jurors from the community. The judge and lawyers ask questions to identify whether a person can decide the case fairly and follow the court's instructions. This process is often called jury selection or voir dire. It is not about finding people who agree with one side. It is about building a jury that can listen carefully and decide the case based on the evidence admitted in court.

Potential jurors may be asked about practical issues that could affect their service, prior knowledge of the case, relationships with people involved, or experiences that could make it difficult to remain impartial. Lawyers can raise concerns with the judge. The court decides who will serve under the rules that apply to the case. Jurors do not need to know the final answer before the trial begins. Their job is to keep an open mind until they have heard the evidence and the judge's instructions.

For families and community members, jury selection can seem slow because much of the work happens through careful questioning and legal discussions. That pace is deliberate. A verdict carries serious consequences, so the court must make sure the people deciding the facts can do so fairly. The process also protects victims, witnesses, the person charged, and the public's confidence that the outcome came from evidence rather than outside pressure.

Empty courthouse assembly room with orderly rows of chairs prepared for prospective jurors

What do opening statements do?

After a jury is selected and sworn, the lawyers usually give opening statements. An opening statement is not evidence. It is a roadmap that explains what each side expects the evidence to show. The prosecutor may describe the charge, the witnesses, and the evidence the Commonwealth intends to present. The defense may explain what it believes the evidence will show, point out questions the jury should keep in mind, or reserve its opening until later.

Opening statements help jurors understand the order of the trial, but jurors must decide the case from testimony and exhibits actually admitted in court. Lawyers' arguments are important, yet they do not replace evidence. A careful judge reminds jurors of that distinction throughout the process. It keeps the focus on what can be tested in the courtroom.

How do witnesses and evidence work at trial?

The Commonwealth normally presents its evidence first because it has the burden of proof. A prosecutor may call witnesses, introduce documents, recordings, photographs, physical evidence, or other exhibits when the rules allow. Each witness takes an oath and answers questions from the lawyer who called them. The other side then has an opportunity to cross-examine that witness. Cross-examination is a core protection in a trial because it allows the evidence to be tested in public before the fact finder.

Witnesses may include people who saw or heard something relevant, police officers, investigators, experts, or others with admissible knowledge. Not every witness testifies in every case. The judge decides legal objections and can limit questions or evidence that do not meet the rules. Jurors are expected to evaluate testimony carefully, including whether a witness had a chance to observe events, whether the testimony is consistent, and how it fits with other evidence.

After the Commonwealth rests, the defense may present evidence, call witnesses, or decide not to present a separate case. The person charged has a constitutional right not to testify, and the jury cannot treat that choice as proof of guilt. The burden remains with the Commonwealth throughout the trial. A defendant does not have to prove innocence.

What happens during closing arguments and jury instructions?

Once the evidence is complete, lawyers make closing arguments. This is the point where each side explains how it believes the evidence should be understood. The prosecutor argues why the evidence proves the charge beyond a reasonable doubt. The defense argues why the Commonwealth has not met that burden, or why the evidence supports a different conclusion. Closing argument is not a chance to add new facts. It is an opportunity to discuss the evidence the jury has already heard.

The judge then gives the jury instructions. These instructions explain the law, the elements the Commonwealth must prove, the burden of proof, and the rules jurors must follow while deliberating. Jurors must apply the law as the judge explains it, even when the subject matter is difficult or emotionally charged. That division of responsibility is central to a fair trial: the judge explains the law, and the jury decides the facts.

Empty courthouse deliberation room with a long wood table and plain chairs

How does a jury reach a verdict?

After the judge's instructions, jurors deliberate privately. They review the evidence admitted at trial, discuss the case with one another, and work toward a verdict under the rules the judge has given them. Jurors should not investigate the case on their own, look for information online, discuss the matter outside deliberations, or rely on news coverage or social media. Their decision must come from the evidence and law in the courtroom.

A verdict may be guilty or not guilty on each charge. A not-guilty verdict means the Commonwealth did not prove that charge beyond a reasonable doubt. It does not require the jury to declare that nothing happened. A guilty verdict means the jury found that the Commonwealth met its burden under the law. In some circumstances, a jury may be unable to reach the required verdict. The judge then addresses the next steps under the law, which can vary by case.

If there is a guilty verdict, the case generally moves to sentencing, either that day or at a later hearing. The campaign's sentencing-hearing guide explains what a judge considers before imposing a lawful sentence. A trial verdict and a sentence are different stages, with different decisions for the court to make.

What can victims and witnesses expect at trial?

For victims, survivors, witnesses, and families, a trial can require patience and preparation. Court dates can change. A witness may need to wait before being called. The judge may exclude witnesses from the courtroom until after they testify. None of that means the person's role is unimportant. It is part of protecting a fair record and making sure testimony is based on the witness's own knowledge.

Massachusetts provides information about victims' rights, and local District Attorney offices have victim-witness programs that can explain court dates, support options, and the general process. They cannot promise a verdict or disclose information the law protects, but clear communication and practical support can make a difficult experience easier to navigate.

Why the District Attorney's leadership matters

The elected District Attorney does not decide a case's verdict. That is the role of a jury or judge. But the DA leads the office whose prosecutors review evidence, prepare witnesses, meet disclosure obligations, make decisions about charges, and present the Commonwealth's case. Strong leadership sets expectations for careful preparation, honest courtroom advocacy, and respectful communication with people affected by crime.

David Solet's 24 years as a prosecutor, his cold-case leadership, and his work in complex cases speak directly to the preparation a serious trial requires. Readers can explore his background, his public-safety priorities, and his cold-case record. A well-run District Attorney's Office should pursue serious harm with discipline, respect the rights built into the justice system, and make sure victims and witnesses are not left in the dark.

See David Solet's experience and priorities

Explore the record behind his campaign for a stronger Middlesex District Attorney's Office.

Meet David

Frequently asked questions

Is every criminal case decided by a jury trial?

No. Many cases are resolved before trial through dismissal, a plea, diversion, or another lawful process. When a case goes to trial, it may be decided by a jury or, in some circumstances, by a judge.

Does a trial decide the sentence?

Not usually. A trial decides whether the Commonwealth proved a charge. If there is a guilty verdict, the judge addresses sentencing at a separate stage, either immediately or at a later hearing.

Does the defendant have to testify at trial?

No. A person charged with a crime has the right not to testify. The Commonwealth retains the burden of proving the charge beyond a reasonable doubt, and a jury cannot treat the choice not to testify as proof of guilt.

Can victims and witnesses sit through the trial?

That depends on the person's role and the judge's orders. Witnesses may be asked to remain outside the courtroom until after they testify. A victim-witness advocate or prosecutor's office can explain what to expect in a particular case.

Massachusetts courthouse exterior with an American flag

Voter Guide

What Does a District Attorney Do? A Massachusetts Voter Guide

Learn what a District Attorney does in Massachusetts: reviews evidence, brings cases to court, supports victims, and leads a county prosecutor's office.

Read the guide