What to Expect During a Criminal Trial in New York
If you or a loved one is facing criminal charges in New York, it can be a daunting and stressful experience. Understanding the criminal trial process can help alleviate some of that stress and anxiety. In this blog post, we’ll walk you through what to expect during a criminal trial in New York.
Arraignment
The first step in a criminal trial in New York is the arraignment. This is when the defendant is brought before a judge and informed of the charges against them. At this time, the defendant will be asked to enter a plea of guilty or not guilty.
Plea Bargaining
After the arraignment, the prosecutor and defense attorney may engage in plea bargaining. This is a negotiation between the two sides in which the defendant agrees to plead guilty to a lesser charge in exchange for a lighter sentence.
Pre-Trial Motions
Before the trial begins, both the prosecutor and the defense attorney may file pre-trial motions. These are requests to the judge to exclude certain evidence or dismiss the case altogether. The judge will hear arguments from both sides and make a ruling.
Jury Selection
If the case is not dismissed, the next step is jury selection. The prosecutor and defense attorney will question potential jurors to determine if they can be fair and impartial. Both sides have the right to strike a certain number of potential jurors.
Opening Statements
Once the jury is selected, the trial begins with opening statements. The prosecutor will outline their case and explain what evidence they plan to present. The defense attorney will then do the same.
Presentation of Evidence
During the trial, both sides will present evidence to support their case. This may include witness testimony, physical evidence, and expert testimony.
Cross-Examination
After a witness testifies, the opposing attorney has the opportunity to cross-examine them. This is when they can ask questions to challenge the witness’s credibility or the validity of their testimony.
Closing Arguments
Once all the evidence has been presented, both sides will give closing arguments. This is their last chance to persuade the jury to find in their favor.
Jury Deliberation
After the closing arguments, the jury will deliberate and decide on a verdict. In New York, the verdict must be unanimous.
Sentencing
If the defendant is found guilty, they will be sentenced by the judge. This may include prison time, fines, and probation.
Appeals
If the defendant is unhappy with the verdict or the sentence, they may file an appeal. This is a request for a higher court to review the case and potentially overturn the verdict or reduce the sentence.
Here are a few additional important details about the criminal trial process in New York:
The Burden of Proof
In a criminal trial, the burden of proof is on the prosecution to prove beyond a reasonable doubt that the defendant committed the crime. This means that the prosecution must provide evidence that is strong enough to convince the jury of the defendant’s guilt.
The Right to a Speedy Trial
Under the Sixth Amendment of the U.S. Constitution, defendants have the right to a speedy trial. This means that the trial must take place within a reasonable amount of time after the arrest, and the defendant cannot be held in jail for an excessive amount of time before the trial.
The Right to a Public Trial
In New York, criminal trials are generally open to the public. This means that anyone can attend the trial and observe the proceedings. However, there may be some exceptions to this rule, such as in cases involving sensitive information or minors.
The Role of the Jury
In a criminal trial, the jury is responsible for determining the defendant’s guilt or innocence. The jury is made up of 12 members who must reach a unanimous decision. If the jury cannot reach a unanimous decision, a mistrial may be declared and the case may be retried with a new jury.
Facing criminal charges in New York can be a stressful and overwhelming experience. However, understanding the criminal trial process can help alleviate some of the uncertainty and anxiety. By working with an experienced criminal defense attorney and being prepared for each step of the trial, you can give yourself the best chance of achieving a positive outcome. Remember, everyone is innocent until proven guilty, and the prosecution must prove their case beyond a reasonable doubt.
As a criminal defense attorney with over 30 years of experience in New York, we at Arthur L. Pressman, Attorney at Law can help you understand what to expect during a criminal trial and provide the legal representation and support you need to achieve the best possible outcome in your case. We can explain each step of the criminal trial process in clear and simple terms, offer legal advice on how to approach your case and represent you in court. We can negotiate a plea bargain with the prosecution, handle appeals if necessary, and provide emotional support throughout the process. Our goal is to advocate for your rights and interests and help you navigate this difficult time with confidence and peace of mind.