ABOUT A TRIAL

The modern practice of law is a culmination of rituals that have been in

existence for a long time and has evolved through the years to cooperate with other
rituals from foreign lands. Trial procedures are uniform all over the land. Trials are of
many types. They could be criminal trials, civil trials among other a process of events
is followed from the time the trial starts to the time it ends. When there is inability of
two parties to settle out of court then a trial is inevitable. After being arrested by the
police, individuals are arraigned in court to be given a chance for bail.

After a bail hearing, the individual might be granted bail or be remanded. A

court date is fixed and the type of trial known. In a criminal proceeding, the accused
could also request for a speedy trial which is guaranteed under the Romanian
constitution and gives him the assurance that their trial will not be subjected to a
lengthy imprisonment before they get to a fair trial. After your charges have been
read, the judge may direct you to take the plea. This means that the court will ask
you whether you wish to plead guilty, or to trial.

Once a court date has been set by the judge the accused takes times to build up
his case as well as the prosecutions.

During the trial, the law regarding the committed deed may change, but the
criminal will be judged according to the law come into force at the time of the
commission of his deed.

If you have to give evidence, and you have made a statement to the police,
the prosecutor or the defence will give you a copy of your statement beforehand so
that you can read over it and refresh your memory.
When you go to court be prepared to wait a while before you are called in to the
court to give evidence. Some cases are delayed or even put off until another date
for various reasons; for example an earlier case may have lasted longer than
expected or other witnesses in your case may not have turned up. Sometimes a
defendant pleads guilty just before or during the case and you may not be required
to give evidence at all.

When you are called to give evidence you will be shown to the witness box
and be asked to stand. Before giving evidence in court you will be asked if you
wish to take an oath or make an affirmation that your evidence is true. The
difference between an oath and an affirmation is that the oath is a religious
commitment where as an affirmation is non-religious.

Upon a criminal conviction, a defendant has the right of appeal. While you
have the right to an appeal upon conviction, you must start the process. An
attorney must file the notice of appeal and an appellate brief, in which they argue
your reasons for appeal. Criminal defendants convicted at trial should have little
difficulty getting their appeal heard. Those who pled guilty (or no contest) often
have their request to appeal denied. At a plea hearing before trial, the court goes
over with the defendant all the rights they waive in a guilty plea. One of them is
the right to appeal the court's finding of guilt and sentence. In order to get the
court of appeals to look at your case, your attorney will need to file a notice of
appeal in a timely fashion.
In the courtrooms, not only criminal processes can take place, but also in
the civil court, such as those regarding the succession of heirs, establishing the
right of property or obtaining some patrimonial compensations.
 Also in the courtrooms there can be actions started in the court to verify the
legality of the drafting of contraventional acts and in some situations there are legal
acts that have been concluded and are declared null and void.