Closing Statement

After all the evidence is heard at your trial, lawyers will begin presenting closing statements to the jury. Closing statements are an opportunity for a Massachusetts OUI attorney to argue to the jury why they should find you not guilty. This is done by summarizing the flaws in the field sobriety tests, that the officer overstated the significance of the traffic infractions, and that the officer overlooked signs showing your sobriety.

Usually, prosecutors will give their closing argument first and then your defense attorney will present theirs. In many cases, the prosecutors will be able to respond to the defense closing argument, but not always.

There are many theories of trial advocacy regarding which part of the trial is the most important. While every part of the trial is critical, the closing statement is a Massachusetts OUI lawyer’s last opportunity to persuade the jury and presents an opportunity to persuade undecided jurors to return a not guilty verdict.

The closing statement is also an opportunity to provide an explanation of the standard of proof at a criminal trial: proof beyond a reasonable doubt. A summary of the law is sometimes given along with a reminder to follow it. Your defense lawyer is given a huge amount of discretion when it comes to the closing arguments, but has to ensure the argument is relevant to the case itself and is not irrelevant or confusing.

Given that an OUI trial in Massachusetts is typically short, maybe one day long, and in some cases only several hours, the closing statement provides an opportunity to emphasize favorable testimony and to provide the jury with a reason to return a not guilty verdict. Once closing statements are completed, the judge instructs the jury on the law and the jury is sent back to the jury room to deliberate.

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If you have been charged with a first offense OUI, head to our website to read more about some of the common penalties you may face following the arrest.