Any case can result in a trial. This includes both misdemeanor and felony crimes. At trial, the District Attorney’s Office presents the evidence they believe will prove that an offender committed the crimes they’ve been charged with. Trials can take many days and are held in a courtroom that is open to the public. The offender and their defense attorney are present throughout the entire trial.
Trial dates are set weeks or months in advance to give the defense attorney and the District Attorney’s Office time to prepare. In the business days before trial is set to begin, there will be a call or trial readiness hearing. At this hearing, the judge, District Attorney’s Office, and defense attorney decide if they are ready for trial. For the judge to proceed with scheduling trial, they need to know if the victim and all witnesses are confirmed to testify at trial.
Victims have a right to have their schedule considered when a trial date is selected. Learn more about victim rights. If either the defense attorney or District Attorney’s Office are not ready, the trial may be rescheduled. It’s important to know that it is common for trial dates to be rescheduled several times.
In most cases, a crime victim is both a victim and a witness in the case. Victims and witnesses may be subpoenaed to testify at trial. The defense attorney and District Attorney’s Office may question anyone who testifies. Witnesses are usually asked to wait outside of the courtroom until it is their turn to testify. However, victims have the right to be in the courtroom for the whole trial, even before they testify.
Tip for victims: Trial dates are often rescheduled the day before trial is set to begin. If you have questions about the status of a trial, call the number on your subpoena. If you don’t have your subpoena available, you can call the District Attorney’s Office at 503-988-3222. You can also check the MCDA Online Docket after 6:00 PM the business day before the trial.
Steps in the trial process
The steps below are in the order that they may occur; however, not every step will happen in every trial.
Types of trial
The offender has the right to decide if they want a jury trial or a bench trial. In a jury trial, a group of people from the public, called the jury, are selected to be present for the trial, review the evidence and decide if the offender is guilty or not guilty. In a bench trial, there is no jury and the judge decides if the offender is guilty or not guilty based on the evidence provided. It is common to not know until the first day of trial whether it will be a jury trial or a bench trial.
Motions
Motions are requests made to the judge by the defense attorney or District Attorney’s Office. A motion asks the judge to make a decision on a legal matter in the case. These hearings can take place before, during, or after the trial. Motions can impact what evidence is allowed to be presented at trial.
Jury selection
Jury selection is the first step of a jury trial. This is the process of choosing people to serve on the jury. Potential jurors come to the courthouse as a part of their jury duty service. During jury selection the judge, defense attorney and District Attorney’s Office ask each potential juror questions about their background, experiences, and beliefs. Based on the answers, some people are selected to serve on the jury and others are not. Jurors will likely be excused if they know or have personal relationships with the victim, witnesses, offender, judge, or attorneys. The jury selection process can take several hours. Victims have the right to be present during jury selection, but are not able to interact with the jurors at any time during the trial process. The number of jurors selected depends on the type of crime. trials with any felony charge require a minimum of 12 jurors. Trials with only misdemeanor charges require a minimum of 6 jurors.
Opening statements
When trial begins, the District Attorney’s Office and defense attorney make opening statements. During these statements, both attorneys give the judge and/or jury an overview of the case and what evidence they plan to present during the trial. The District Attorney’s Office always goes first, by outlining what they believe happened and the evidence they will present to prove their case. Then the defense attorney provides an overview of the evidence they will use to challenge the charges. These statements help the judge or jury understand the main arguments in the case before any witnesses testify.
Presenting evidence
After opening statements, the District Attorney’s Office will present evidence to try to prove that the offender committed the crime. Evidence may include pictures, recordings, text messages, weapons, records, and testimony from police, witnesses, or victims. The defense attorney may also present additional evidence, including additional witnesses, to suggest that the offender did not commit the crime or to raise doubt about the charges. The District Attorney’s Office and the defense attorney have the option to object to the evidence being presented. The judge decides what evidence and witness testimony can be considered during the trial. After all the evidence is presented, the offender has the right to decide if they want to testify or not.
Tip for victims: Because of legal rules, there may be information that can’t be shared at trial. The judge or District Attorney’s Office will explain to you what information cannot be shared as part of your testimony. These legal rules are important to follow during testimony. If testimony includes information that cannot be shared, the judge may end the trial and the whole trial process must start over from the beginning.
Cross-examination
After each attorney presents evidence through the testimony of witnesses, the other attorney can question the evidence presented. This includes questioning the testimony provided by the other side’s witnesses, including victims. The goal of cross-examination is to question information or raise doubts about the evidence the other party presented.
A common type of motion during every trial is called a motion for judgment of acquittal. This motion asks the judge to find that the District Attorney’s Office has not presented enough evidence for the offender to be found guilty. With this motion, the defense attorney asks the judge to dismiss one charge, several charges, or all charges. If the judge agrees, the charge or charges are dismissed. If there are no remaining charges, the trial is over. If there are remaining charges, the defense attorney moves forward with presenting their case.
Closing statements
After both attorneys have finished presenting their evidence, the closing statements are made to the judge or jury. First, the District Attorney’s Office gives a summary of their main points and the evidence they presented during the trial. Then, the defense attorney summarizes their arguments. Lastly, the District Attorney has an opportunity to respond to the defense attorney’s points and reinforce their case.
Deliberation
In a jury trial, the judge tells the jury the rules they must follow. Then, the jury meets privately to review the evidence shared at trial and vote on if the offender is guilty or not guilty of each charge. For an offender to be found guilty of a charge, all jury members must agree. The jury can take as long as they need, which may sometimes be more than a day.
Verdict
When the jury has made a decision of guilty or not guilty on each of the charges, they will inform the judge that they have reached a verdict. The judge will notify the District Attorney’s Office and defense attorney and request that all parties come back to the courtroom. The District Attorney’s Office will notify the victim at this time. The judge receives the verdict from the jury and shares the outcome of each charge with the offender and all of the people in the courtroom. The offender may be found guilty of none, some, or all charges. If the offender is found not guilty of all charges, then the case is over.
Sentencing
If the offender is found guilty of one or more charges then the judge decides the sentence for the offender. The sentence will depend on the crime, the offender’s criminal history, and Oregon law. A sentence may include jail time, prison time, probation, or post-prison supervision. A sentence also includes any fines, fees, or restitution that the offender is ordered to pay. Sentencing may happen the same day the verdict is shared or may happen weeks or months later.
Tip for victims: Victims have a right to ask the District Attorney’s Office to consider their availability when scheduling the date and time of the sentencing hearing. Victims have a right to make an impact statement at sentencing hearings. Learn about making an impact statement. If you have questions about your case, you can call the District Attorney’s Office at 503-988-3222.
Glossary of terms
The District Attorney’s Office determines if a charge is a misdemeanor or a felony based on the information they have about the crime. A misdemeanor is a type of charge that may have a smaller punishment than a felony. Cases with only misdemeanor charges typically move through the court process faster than cases with felony charges. Back to content.
The District Attorney’s Office determines if a charge is a felony or a misdemeanor based on the information they have about the crime. A felony is often more severe and may have a greater sentence than a misdemeanor. When an offender is charged with a felony, a Grand Jury must review the charge to determine if there is enough evidence to support the case moving forward in the court process. Back to content.
Information that helps prove or disprove that an offender committed a crime. This may include the police collecting items such as pictures, recordings, text messages, weapons, records or interviews with the offender, victims, or witnesses. Back to content.
A lawyer who represents the offender and protects the offender’s rights. Their job is to help the offender understand the court process and fight the charges against the offender. Back to content.
Monday through Friday from 8:00 AM to 5:00 PM except on court closures or holidays. Back to content.
Oregon law defines a victim as any person the court or an attorney from the District Attorney’s Office finds has experienced financial, mental, or physical harm as a result of a crime. The victim of the crime may also be a witness in the case. If the victim is under the age of 18, the victim’s parent or legal guardian may also be considered a victim. If the victim lost their life as a result of the crime, the victim’s immediate family may also be considered victims. Back to content.
A person that has information related to the case. Witnesses may be required to testify in court hearings by answering questions from both the defense attorney and the District Attorney's Office. Back to content.
When a person participates in a court hearing by answering questions and sharing information related to the case. Before a person testifies, they are sworn in, which means they make a promise to tell the court the truth. When a person testifies, they sit at the front of the courtroom near the judge. Back to content.
A legal court document that requires you to attend a court hearing. If you receive a subpoena, it means you may have to testify in court by answering questions about the case. Even if you have limited information regarding an incident, you may receive a subpoena. Back to content.
A group of people from the community who are called to court for jury duty. Their job is to receive, review and discuss the details of a case and make decisions about the outcome. The number of people on a jury can be different based on the type of case or hearing. Back to content.
A jury is a group of people from the public that review details of a case and decide its outcome. People who live in Multnomah County may be required to serve on a jury as part of their civil duty. Back to content.
When an attorney believes that a question or piece of evidence is not allowed under the rules of the court or law. The judge makes a decision to agree or disagree with the objection and about what evidence can be considered in the trial. Back to content.
Financial losses experienced by a victim as a result of a crime. Such losses may include things like: damage to property, the insurance deductible for a stolen car, lost wages due to the crime, ambulance bills, medical or counseling costs, medications, stolen money, or fees to change bank accounts. The victim must fill out paperwork to show their financial losses and include supporting documents such as estimates, bills or receipts. All restitution paperwork and supporting documents are shared with the offender’s attorney. If all parties agree on the restitution amount at the sentencing hearing, the offender will be ordered to pay the agreed upon amount. If restitution is not agreed upon, a restitution hearing will be scheduled within 90 days of sentencing. At a restitution hearing, the judge will decide if the loss was caused by the offender as a result of the crime and the amount of restitution the offender is ordered to pay. Victims may be required to attend restitution hearings. The District Attorney’s Office must be able to prove that the offender actually caused the damage. Back to content.
(Juvenile) Right to restitution:
Financial losses experienced by a victim as a result of a crime. Such losses may include things like: medical costs, damage to property, insurance deductibles, or counseling costs for victims of sexual assault. The victim must fill out paperwork to show their financial losses and include supporting documents such as estimates, bills or receipts. All restitution paperwork and supporting documents are shared with the youth’s attorney. If all parties agree on the restitution amount at the disposition hearing, the youth will be ordered to pay the agreed upon amount. If restitution is not agreed upon, a restitution hearing will be scheduled within 90 days of disposition. At a restitution hearing, the judge will decide if the loss was caused by the youth as a result of the crime and the amount of restitution the youth is ordered to pay the victim. Victims may be required to attend restitution hearings. Back to content.
This page was produced by Multnomah County under grant number 15POVC-21-GK-01091-NONF, awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed on this page are those of the contributors and do not necessarily represent the official position or policies of the U.S. Department of Justice.