Answer to Question 1
Criminal trials differ from civil trials in a number of ways. Special features of criminal trials include the right to a speedy and public trial, unanimous agreement by the jury on the verdict, a presumption of the defendant's innocence, a higher standard of proof (the defendant must be found guilty beyond a reasonable doubt), the privilege against self-incrimination, and the complex rules governing evidence that may be introduced at trial and how the evidence is introduced. Also, at the conclusion of a criminal trial, a defendant who is found guilty is sentenced by the judge or put on probation. At the conclusion of a civil trial, damages are typically assessed against the defendant.
Answer to Question 2
The pretrial motions that may be filed in a criminal case include the following:
A motion to dismiss the case because the statute of limitations for the crime has lapsed.
A motion to dismiss the case based on possible violations of the defendant's rights as provided by the Constitution and criminal procedural law.
A motion to suppress evidence, alleging that the evidence was illegally obtained. A motion in limine.
A motion for change of venue.
A motion to recuse.
A motion to sever.
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