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The phase of a trial during which lawyers present evidence to a jury is referred to simply as the "Presentation of Evidence" phase. The rules governing how and when evidence can be presented before a jury are strict, and a mishandling of this phase of a judicial process can result in the case being lost. Lawyers, especially prosecutors or plaintiffs (the latter referring to the individual or party in a civil case that has brought suit against the defendant) do not have present evidence, but their cases are severely weakened in the eyes of juries and judges alike. In fact, cases that rely solely or overwhelmingly on what is called "circumstantial evidence," or that information or evidence that indicates the guilt of a particular individual but that which is dependent upon conclusions drawn absent physical evidence linking the defendant to the crime in question, are generally more tenuous than cases built on solid physical evidence.
Most prosecutors will refuse to press charges (i.e., proceed with a prosecution and/or take a case to trial) if there is no strong evidentiary basis for a conviction. The more physical and circumstantial evidence available to the prosecution, the stronger his or her case and the greater willingness there will be on the part of the lawyer for the defendant to seek a deal that would preclude a trial while ensuring a lighter sentence for the defendant.
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