What to Do When Your Case Goes to Trial

October 09, 2026

Going to trial can be one of the most stressful experiences a person faces. Whether you are accused of a misdemeanor or a serious felony, a criminal trial can affect your freedom, finances, reputation, career, and future.


If your criminal case in Florida is going to trial, knowing what to expect—and understanding what you should and should not do—can help you navigate the process with greater confidence.

A criminal trial is not simply an opportunity to "tell your side of the story." It is a formal legal proceeding governed by rules of evidence, criminal procedure, and constitutional protections. Your defense strategy, the evidence presented, your interactions with the court, and your decisions throughout the process can all matter.

At Donet, McMillan & Trontz, P.A., we understand how much may be at stake when a case reaches trial. Our criminal defense attorneys work closely with clients to prepare them for every stage of the process and develop a defense strategy based on the facts and circumstances of each case.

What Does It Mean When a Criminal Case Goes to Trial?

A criminal trial occurs when the prosecution and defense present their respective cases before a judge or, when applicable, a jury.

In a jury trial, jurors evaluate the evidence presented in court and determine whether the prosecution has proven the defendant's guilt beyond a reasonable doubt.

Florida law provides defendants in qualifying criminal prosecutions with the right to an impartial jury trial.

A trial may occur after negotiations, investigation, motions, and other pretrial proceedings have taken place. Going to trial does not necessarily mean that the defendant will be convicted. The prosecution still has the burden of proving the charged offense beyond a reasonable doubt.

Step 1: Understand Your Charges

Before trial, you should have a clear understanding of what you are accused of doing. Ask your attorney to explain:

• The specific criminal charges


• The elements the prosecution must prove


• The potential penalties


• The evidence the prosecution intends to introduce


• The defenses that may apply


• Possible sentencing consequences


• Whether any plea offers have been made

Understanding the charges allows you to make informed decisions throughout the case.

You should never assume that a charge means the prosecution has enough evidence to obtain a conviction. Criminal allegations are not the same as proof.

Step 2: Work Closely With Your Criminal Defense Attorney

Your attorney should be one of your primary sources of legal guidance throughout the trial process.

Be completely honest with your lawyer—even when you believe a particular fact may hurt your case.

Your attorney needs to know the facts, including unfavorable information, so they can properly evaluate your case and prepare for potential challenges from the prosecution. Your conversations with your attorney may help your defense team:

• Identify weaknesses in the prosecution's case


• Prepare responses to expected arguments


• Investigate witnesses


• Evaluate physical and digital evidence


• Determine whether evidence can be challenged


• Prepare motions


• Develop a trial strategy

Your attorney cannot effectively prepare for information they do not know about.

Step 3: Follow All Court Orders

If your case is going to trial, you may still be subject to conditions imposed by the court. These could include requirements involving:

• Pretrial release


• No-contact orders


• Drug or alcohol testing


• Travel restrictions


• Reporting requirements


• Court appearances

Violating these conditions can create additional legal problems.

If you are unsure whether something is permitted under your release conditions, speak with your attorney before taking action.

Step 4: Show Up to Court

Your presence may be required at important stages of your criminal case.

Florida's Rules of Criminal Procedure generally require defendants to be present at specified stages, including the beginning of trial, proceedings when the jury is present, rendition of the verdict, and sentencing, subject to applicable exceptions and waivers.

Never assume that you can skip a court appearance simply because you have already spoken with your attorney.

If you have a legitimate reason that you cannot appear, contact your attorney immediately.

Step 5: Dress and Behave Appropriately

The courtroom is a formal environment.

How you present yourself may not determine the legal outcome, but appropriate courtroom behavior demonstrates respect for the court and the seriousness with which you are treating the proceedings. Before the trial:

• Dress conservatively and professionally


• Arrive early


• Turn off your phone


• Follow courtroom instructions


• Address the judge respectfully


• Avoid unnecessary conversations in the courtroom


• Remain calm

Your attorney can explain what to expect and how to conduct yourself.

Step 6: Do Not Discuss Your Case Publicly

One of the most important things you can do before and during trial is to be careful about what you say.


Avoid discussing the details of your case with:

• Friends


• Coworkers


• Other defendants


• Reporters


• People you do not know


• People on social media

Posts, messages, photographs, recordings, and other communications may potentially become relevant to a criminal investigation or prosecution.

When in doubt, discuss your case with your attorney rather than posting about it online.

Step 7: Be Careful When Speaking With Law Enforcement

If law enforcement contacts you about your case, do not assume that you need to answer questions simply because an officer asks.
Florida criminal procedure recognizes a defendant's right not to say anything and the right to counsel.

If you are uncertain about whether you should speak with investigators, contact your attorney first.

Your attorney can help you understand your rights and determine how to respond appropriately.

Step 8: Understand the Jury Selection Process

If your case is being tried before a jury, potential jurors will be questioned during the jury selection process. This process is often called voir dire.

The purpose is to identify potential biases or conflicts that could affect a juror's ability to be impartial.

Your attorney and the prosecution may participate in questioning prospective jurors, subject to the applicable rules and procedures.

The goal is to select an impartial jury—not simply a jury that agrees with one side.

Step 9: Understand What Happens During Trial

While each trial is different, a criminal jury trial generally includes several major stages.

Opening Statements
The prosecution and defense may present opening statements explaining what they expect the evidence will show.
An opening statement is not itself evidence.

Prosecution's Case
The prosecution presents evidence and calls witnesses to establish the elements of the charged offenses. The defense generally has the opportunity to cross-examine prosecution witnesses.

Defense Case
Depending on the defense strategy, the defense may present witnesses or other evidence.

Importantly, the defendant has a constitutional right not to testify. Florida's criminal procedure rules recognize the defendant's right not to testify or be compelled to incriminate themselves.

Whether a defendant should testify is a highly individualized strategic decision that should be discussed carefully with defense counsel.

Closing Arguments
After the evidence has been presented, the attorneys may make closing arguments.

This is an opportunity for each side to explain how the evidence and applicable law support its position.

Jury Instructions
The judge provides the jury with instructions concerning the law they must apply when evaluating the case.

Jury Deliberations
The jury then deliberates and determines whether the prosecution has met its burden of proof.

Verdict
The jury returns a verdict according to the applicable legal standards.

Step 10: Do Not Try to Be Your Own Lawyer

One of the most common mistakes defendants make is believing they can handle the trial themselves. Criminal trials involve:

• Rules of evidence


• Procedural requirements


• Witness examination


• Motions


• Objections


• Jury instructions


• Constitutional issues


• Sentencing considerations

A defendant may have the right to represent themselves in appropriate circumstances, but choosing self-representation can be extremely risky.

An experienced criminal defense attorney understands how to navigate the procedural and evidentiary issues that arise during trial.

Step 11: Tell Your Attorney About New Evidence Immediately

If you discover new evidence before or during trial, tell your attorney. Examples may include:

• New witnesses


• Text messages


• Emails


• Photographs


• Videos


• Social media posts


• Documents


• Receipts


• Location information

Do not independently contact witnesses, confront alleged victims, or attempt to investigate the prosecution on your own without first discussing it with your attorney.

Your attorney can determine how the information should be handled.

Step 12: Avoid Contact With Alleged Victims or Witnesses

Depending on the circumstances of your case, contacting an alleged victim or witness could create additional problems.
Even if you believe you are trying to resolve a misunderstanding, direct communication may be misinterpreted or potentially violate a court order.

If you believe a witness has information that could help your defense, tell your attorney.

Your legal team can determine the appropriate way to address the issue.

What Happens If You Are Found Not Guilty?

If the jury returns a not-guilty verdict, the criminal case generally ends with respect to the charges on which you were acquitted, subject to limited legal exceptions.

Your attorney can explain what happens next and whether additional steps may be appropriate.

What Happens If You Are Found Guilty?

If you are convicted, the case may proceed to sentencing. The potential sentence depends on factors such as:

• The offense


• Criminal history


• Sentencing laws


• Applicable enhancements


• Aggravating or mitigating circumstances


• The facts presented to the court

Your attorney can advocate for the most favorable lawful sentence available under the circumstances.

Can You Appeal a Criminal Conviction?

In certain circumstances, a defendant may have the right to appeal a conviction or sentence.

An appeal is different from a new trial. Generally, an appellate court reviews alleged legal errors rather than simply reconsidering the evidence from scratch.

If you receive an unfavorable verdict, speak with your attorney promptly because appellate deadlines can be strict.

Common Mistakes to Avoid Before a Criminal Trial

If your case is going to trial, avoid these common mistakes:

1. Posting About Your Case Online
Social media posts can create unnecessary complications.

2. Talking About Your Case With Others
Statements made to other people may potentially become evidence.

3. Ignoring Your Attorney's Advice
Your attorney needs your cooperation to prepare an effective defense.

4. Missing Court
Failing to appear can result in additional legal consequences.

5. Violating Release Conditions
A new violation can negatively affect your case and your ability to remain out of custody.

6. Contacting Witnesses Without Guidance
Direct communication can create unnecessary risks.

7. Waiting Until the Last Minute
Trial preparation takes time. Important evidence and witnesses may need to be investigated well before trial.

Why Trial Preparation Matters

A successful defense does not begin when you walk into the courtroom. Trial preparation may begin weeks or months earlier with:

• Reviewing discovery


• Investigating evidence


• Interviewing witnesses


• Researching applicable law


• Preparing motions


• Developing cross-examination strategies


• Anticipating prosecution arguments


• Preparing the client for testimony and courtroom procedures

The more thoroughly a defense team understands the case, the better prepared it can be to respond to developments at trial.

How Donet, McMillan & Trontz, P.A. Can Help

At Donet, McMillan & Trontz, P.A., we understand that facing a criminal trial can be overwhelming. Our attorneys take the time to understand the facts, explain the legal process, and develop a defense strategy tailored to each client's circumstances. Our criminal defense team can assist with:

• Felony and misdemeanor defense


• Pretrial investigation


• Evidence review


• Motions and legal challenges


• Plea negotiations when appropriate


• Jury trial preparation


• Witness examination


• Trial advocacy


• Sentencing representation


• Appeals when appropriate

Our goal is to protect your rights and provide knowledgeable, strategic representation at every stage of your case.

Frequently Asked Questions

What should I do when my criminal case goes to trial?
Work closely with your attorney, follow all court orders, attend required proceedings, avoid discussing your case publicly, and make sure your attorney has all relevant information and evidence.

Do I have to testify at my criminal trial?
No. Defendants generally have the constitutional right not to testify or incriminate themselves. Whether testifying is strategically beneficial is a decision that should be carefully discussed with your attorney.

Can I talk about my case on social media?
It is generally best to avoid discussing the facts of an active criminal case on social media. Posts, messages, photographs, or videos could potentially create complications for your defense.

What happens if I miss my trial date?
Missing a required court appearance can have serious consequences. Contact your attorney immediately if you believe you cannot attend a scheduled proceeding.

Can my attorney negotiate a plea even if my case is set for trial?
In many cases, plea negotiations may continue even after a case has been set for trial. Your attorney can evaluate whether a negotiated resolution is appropriate based on the evidence and circumstances.

What if I disagree with my attorney's strategy?
Talk to your attorney openly. Understanding the reasoning behind a defense strategy can help you make informed decisions. If serious concerns remain, you may wish to seek another legal opinion.

What happens after a guilty verdict?
The court may proceed to sentencing, depending on the circumstances. Your attorney can advocate regarding the sentence and advise you about potential post-trial options.

Can a criminal conviction be appealed?
Depending on the case and the alleged legal errors, an appeal may be available. Because appellate deadlines can be strict, you should discuss potential appellate options with an attorney promptly after a conviction.

Final Thoughts

When your criminal case goes to trial, preparation matters. A trial is not simply about telling your story—it is a structured legal proceeding where evidence, procedure, constitutional rights, and legal strategy all play critical roles.

Do not try to navigate the process alone. Understand your charges, follow your attorney's guidance, comply with court requirements, and avoid making decisions that could unnecessarily complicate your defense.

If you or someone you care about is facing a criminal trial in Florida, Donet, McMillan & Trontz, P.A. can help you understand your legal options and prepare for the road ahead.

This article is provided for informational purposes only and does not constitute legal advice. Every criminal case is different. Consult a licensed attorney regarding the specific facts and circumstances of your case.