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A trial is an adversary proceeding in which the County Attorney must present evidence to prove the defendant's guilt beyond a reasonable doubt. The defendant is not required to prove his or her innocence or to present any evidence.
Both the defendant and the County Attorney (representing the State of Texas) have the right to a trial by a jury. Sometimes, both sides agree to let a Judge listen to the evidence and decide the case without a jury; this is called a "bench trial". In a jury trial, the jury is the "Trier of fact"; in a bench trial, the judge is. After the evidence is presented, the judge or a jury will determine whether the evidence proved that the defendant committed the crime. In Texas a criminal trial is a "bifurcated" trial. The first phase of the trial is called the guilt/innocence phase of the trial. After the presentation of this phase the jury, or the Judge if it is a bench trial, will only determine whether the defendant is innocent or guilty of the offense(s) alleged in the information. If the defendant is found innocent that is the end of the trial. If the defendant is found to be guilty then the next phase of the trial will be held. This phase of the trail is called the punishment phase. The defendant can elect to have his punishment assessed by the jury or by the Judge.