New York criminal trial defense

Trial

Q: Do I have the right to a jury trial in New York?

Yes, if you are charged with a felony or a misdemeanor. Violations and traffic infractions are tried by a judge, and certain youthful offender–eligible defendants charged with misdemeanors are tried by a judge alone.

Q: Does the jury have to be unanimous?

Yes. In New York, both guilty and not guilty verdicts must be unanimous on each count. If the jury cannot agree, the judge may declare a mistrial.

Q: Do I have to testify at my trial?

No. You have the right not to testify, and the jury will be instructed that your decision cannot be held against you. Whether to testify is your decision, made with your attorney's advice.

Q: Will I get a worse sentence if I go to trial?

A sentence after trial can be higher than an earlier plea offer, because plea offers often expire once trial begins. Your attorney should explain the possible sentences both ways before you decide.

Q: Can I appeal if I'm convicted at trial?

Yes. A notice of appeal generally must be filed within 30 days after sentencing.

Q: How long does it take to prepare for trial, and how long will the trial last?

Every case is different, but more preparation time almost always benefits the defense and the client. For a felony trial, we generally consider three to five weeks of focused preparation reasonable. A felony trial often lasts from about a week to several weeks, depending on how complex the case is and how many witnesses testify. Misdemeanor trials are usually shorter.

Most criminal cases in New York are resolved without a trial, through dismissal, a plea agreement, or another negotiated outcome. But every defendant has the right to a trial, and sometimes a trial is the best, or only, path to justice. When a case goes to trial, preparation, strategy, and courtroom experience can decide the outcome.

At Sharifov & Associates, PLLC, we prepare every case as if it may go to trial. We try cases before juries and judges in New York City and on Long Island, in both state and federal court. This page explains when a case goes to trial, how a criminal trial works in New York, and what defendants should know.

Request consultation

When Does a Case Go to Trial?

After arraignment, a criminal case goes through several stages: discovery, motions, pretrial hearings, and plea negotiations. (Learn more: From Arrest to Disposition) A case usually goes to trial when:

the prosecution does not make a plea offer, or makes an offer the defendant is not willing to accept;
the defendant maintains their innocence and wants the case decided by a jury or judge; or
the evidence or pretrial rulings give the defense a strong basis to fight the charges.

How long it takes to reach trial varies widely. It depends on the charges, the court's calendar, the amount of evidence, pretrial motions and hearings, and whether the defendant is in custody. Many cases take months, and complex cases can take a year or more. New York's speedy trial law sets time limits for the prosecution to be ready for trial, which can lead to dismissal if the prosecution misses them.

Deciding whether to go to trial. Going to trial is a serious decision. A trial can result in an acquittal on all charges, a conviction on some or all charges, or a mixed result. Plea offers often expire once a trial begins, and a conviction after trial can carry a greater sentence than a plea offer would have. The decision belongs to the defendant, but it should be made with an attorney who has honestly assessed the strength of the evidence, the possible defenses, the risks, and the likely sentence either way.

Plea offer or trial

Second opinions for plea-or-trial decisions

If you have an open criminal case, are represented by another attorney, and are uncertain whether to accept an offered plea or proceed to trial, Sharifov & Associates, PLLC can provide a detailed case analysis and second opinion.

The review can address the available discovery, motion and hearing history, proposed plea terms, sentencing exposure, potential defenses, trial risks, and consequences that may matter to the client.

The scope depends on conflicts, deadlines, and the materials available; a second opinion does not replace current counsel unless the firm is separately retained to do so.

Read the plea-decision analysis

Your Rights at Trial

Every defendant in a criminal trial has fundamental rights, including:

the presumption of innocence;
the right to require the prosecution to prove guilt beyond a reasonable doubt;
the right to a public trial and, for felonies and misdemeanors, a jury trial;
the right to be present at trial and to be represented by counsel;
the right to confront and cross-examine the prosecution's witnesses;
the right to present evidence and call witnesses, including by subpoena; and
the right not to testify. If a defendant chooses not to testify, the jury may not hold it against them, and the judge will instruct the jury on this.

Don't miss a trial date. A defendant who is warned by the court and then fails to appear can, in some cases, be tried in their absence.

Jury Trial or Bench Trial?

Jury trial. Under New York law, a defendant charged with a felony or a misdemeanor has the right to a jury trial (opens in a new tab). A felony jury has 12 jurors, and a misdemeanor jury has 6 jurors. The court may also select alternate jurors. In New York, a verdict of guilty or not guilty must be unanimous on each count.

Bench trial. In a bench trial, the judge alone decides the verdict. Bench trials are used in several situations:

Non-criminal offenses: violations and traffic infractions are tried by a judge.

Youthful offender–eligible defendants: in local criminal courts, a misdemeanor trial of a young person who is eligible for youthful offender treatment and has no prior conviction or youthful offender finding must be tried by a judge alone.

Jury waiver: a defendant who has the right to a jury may waive it and choose a bench trial. The waiver must be in writing, signed in open court, and approved by the judge (CPL 320.10 (opens in a new tab)). A jury cannot be waived in a first-degree murder case. A bench trial is sometimes the better choice in highly technical cases, or where the allegations are likely to provoke a strong emotional reaction from jurors.

Nine stages

How a Criminal Trial Works in New York

1. Pretrial rulings. Before jury selection, the judge resolves important issues that can shape the trial:

Sandoval ruling: which of the defendant's prior convictions or bad acts, if any, the prosecutor may ask about if the defendant testifies. This ruling often influences whether the defendant decides to testify.
Molineux and Ventimiglia issues: whether the prosecution may introduce evidence of uncharged crimes or prior bad acts.
Motions in limine: requests to admit or exclude specific evidence before it is presented to the jury.

Suppression hearings, such as Huntley, Mapp, Dunaway, and Wade hearings, are usually held before trial and can determine what evidence the jury will hear. (Learn more: Hearings)

2. Jury selection (voir dire). A panel of prospective jurors is brought into the courtroom. The judge and then the attorneys for both sides question them to identify anyone who cannot be fair. Each side may remove prospective jurors in two ways:

challenges for cause, when a juror shows bias or cannot be fair, which are unlimited; and
peremptory challenges, which remove a juror without stating a reason, though never for discriminatory reasons such as race or sex. The number is limited by law: each side has 3 in a misdemeanor trial (CPL 360.30 (opens in a new tab)) and 10 to 20 in a felony trial, depending on the most serious charge (CPL 270.25 (opens in a new tab)).

Jury selection may take from less than a day to several days, and longer in serious or high-profile cases. Choosing the jury is one of the most important stages of the trial.

3. Opening statements. After the jury is sworn, the prosecutor gives an opening statement outlining what the prosecution expects to prove. The defense may then give its own opening statement, although it is not required to.

4. The prosecution's case. The prosecution presents its witnesses and evidence. The defense attorney cross-examines each prosecution witness, testing their credibility, memory, and accuracy, and exposing inconsistencies. Throughout the trial, the defense raises objections to improper questions and evidence.

5. Motion for a trial order of dismissal. After the prosecution rests, the defense can ask the judge to dismiss some or all charges because the prosecution's evidence is legally insufficient (CPL 290.10 (opens in a new tab)). The judge may decide right away or reserve decision until after the verdict.

6. The defense case. The defense may call witnesses and present evidence, but it is never required to, because the burden of proof is always on the prosecution. Whether the defendant testifies is the defendant's decision, made after careful advice from counsel.

7. Closing arguments (summations). Each side summarizes the evidence and argues how the jury should view it. In New York state court, the defense sums up first and the prosecution sums up last.

8. Jury instructions (the charge). The judge instructs the jury on the law, including the elements of each charge, the presumption of innocence, and the reasonable doubt standard.

9. Deliberations and verdict. The jury deliberates privately. During deliberations, jurors may send notes asking to review evidence, rehear testimony, or have the law explained again. When the jurors reach a unanimous verdict on each count, it is announced in court, and either side may ask to poll the jurors individually. If the jury cannot agree, the judge may declare a mistrial, and the prosecution may decide whether to retry the case.

Federal trials (opens in a new tab) follow a similar structure, with some differences. For example, in federal court the prosecution sums up first, the defense second, and the prosecution may then give a rebuttal.

How Long Does a Trial Take?

Every trial is different, but as a general guide, a misdemeanor jury trial often takes several days to a week, and a felony jury trial can take from about a week to several weeks. Trials with multiple defendants, many witnesses, or complex evidence can take longer.

After the Verdict

Acquittal: if the defendant is found not guilty of all charges, the case ends. The prosecution cannot appeal an acquittal or retry the defendant for the same charges, and the records are generally sealed (opens in a new tab).

Conviction: if the defendant is convicted of any charge, the case moves to sentencing, often after a pre-sentence investigation. Before sentencing, the defense may file a motion to set aside the verdict based on legal error, juror misconduct, or newly discovered evidence (CPL 330.30 (opens in a new tab)).

Appeal: a defendant convicted after trial may appeal. A notice of appeal (opens in a new tab) must generally be filed within 30 days after sentencing, so it is important to act quickly.

How We Prepare for Trial

Trial preparation begins long before the first juror is questioned. Our preparation includes:

a thorough review of all discovery, including police reports, body camera video, recordings, and expert reports;
independent investigation, such as visiting the scene, locating and interviewing witnesses, and obtaining records;
developing a clear defense theory and trial strategy;
preparing cross-examination of every prosecution witness;
preparing defense witnesses and, where appropriate, retaining expert witnesses;
legal research and written motions on evidentiary issues likely to arise at trial;
preparing exhibits and laying the foundation needed to admit them; and
preparing the client for every stage of the trial, including the decision whether to testify.

If your current attorney does not try cases. Some attorneys rarely or never take cases to trial. If your case may go to trial, you can consult with our attorneys about taking over your representation or working with your current counsel.

Review second-opinion service

Sharifov & Associates, PLLC

Why Choose Sharifov & Associates, PLLC

Trial experience in state and federal courts across New York City and Long Island

Every case prepared as if it may go to trial, which also strengthens plea negotiations

Offices in NYC and Long Island, close to the courts where our clients' cases are heard

Criminal and immigration experience under one roof, which is essential for non-citizen defendants

Trial questions

Frequently Asked Questions

Do I have the right to a jury trial in New York?

Does the jury have to be unanimous?

Do I have to testify at my trial?

Will I get a worse sentence if I go to trial?

Can I appeal if I'm convicted at trial?

How long does it take to prepare for trial, and how long will the trial last?

Detailed jury-trial and plea-decision article

New York Criminal Jury Trial: Process, Plea Decisions, and OutcomesFollow the stages of a New York criminal jury trial—from jury selection through verdict—and understand the questions that may matter when weighing a negotiated plea against trial.Read article

Internal paths

Criminal Case TimelineFrom arrest through negotiations, trial, and disposition Arraignment GuideThe first court appearance and immediate decisions Case ResultsFirm matters, including trial acquittals and dismissals Michael Mullen, Esq.Criminal-defense and trial-attorney profile

Official sources

Court and statutory references

These external government and judiciary links provide general source material. Court rules, statutes, and procedures can change, and the correct analysis depends on the charge, court, and record.