Pre-Trial Proceedings
Upon entering the plea of not guilty, both parties may file certain pretrial motions, discovery demands, witness disclosures and the defendant must assert certain defenses. These procedures are detailed in V.I.R.CRIM.P. 12-16.
Conduct of Trial
Depending on the alleged offense, the defendant will be entitled to a jury trial or non-jury trial. In accordance with V.I.R.CRIM.P. 26, all testimony in criminal trials shall be in open court.
Trial
Evidence in trials are governed by the Virgin Islands Rules of Evidence and the Virgin Islands Rules of Criminal Procedure. The accused is entitled to hear all testimony introduced against him or her. Moreover, the defendant has a right to cross-examine any witness who testifies against him or her. Further, the defendant has a Constitutional right not to testify. If he so choose, a defendant’s refusal cannot and will not be used against him or her in determining guilt or innocence. However, if the defendant chooses to testify, the Assistant Attorney General has a right to cross-examine him or her.
The defendant may call witnesses to testify on his or her behalf.
Sentencing
In accordance with V.I.R.CRIM.P. 32(b), a sentence shall be imposed immediately after a defendant has been found guilty or has pleaded guilty, unless the Court, for good cause shown, shall postpone the imposition of sentence for a period not to exceed fifteen (15) days. The Court may postpone imposition of a sentence for a period not to exceed 120 days when the Court has requested a pre-sentence investigation from the probation officer.
Before imposing sentence, the Court shall afford the defendant or his counsel an opportunity to make a statement in the defendant’s behalf and to present any information in mitigation of punishment.