Jury Trial in Criminal Case

A jury trial is one of the most consequential events in a criminal case — and one of the most misunderstood. If your case is heading toward trial, you are likely weighing a difficult decision against real uncertainty. This guide from the criminal defense attorneys at Sharifov & Associates, PLLC, explains what a jury trial is, when it happens, how it unfolds stage by stage, and how to think about the single most important question: whether to accept a plea or put your case in the hands of a jury.

What Is a Jury Trial?

A jury trial is a proceeding in which a panel of ordinary citizens — 6 jurors in a misdemeanor case and 12 jurors in a felony case in New York — decides the facts and returns a verdict of guilty or not guilty. The jurors listen to the evidence, determine what facts the evidence establishes, draw reasonable inferences from those facts, and apply the law as the judge explains it.

Two principles sit at the heart of every criminal jury trial:

• The prosecution carries the entire burden of proof. The People must prove guilt beyond a reasonable doubt — the highest standard in our legal system. The defendant is presumed innocent, does not have to testify, and is not required to present any evidence at all. If a defendant chooses not to testify, the jury is instructed that it may not hold that silence against them.
• The verdict must be unanimous. In New York, every juror must agree. A single juror who is not convinced beyond a reasonable doubt is enough to prevent a guilty verdict.

When Does a Jury Trial Take Place — and Does It Always?

No, most criminal cases never reach trial. A jury trial happens only when the case has not been resolved another way: it has not been dismissed, and the prosecution and defense have not reached a plea agreement.

A case typically proceeds to trial when the plea offer the defense wants is not on the table — either the prosecution won’t offer it, or the court won’t approve it — or when the only offer available is one the defendant is unwilling to accept. At that point, the defendant’s choice is to accept an unacceptable outcome or require the prosecution to do what the Constitution demands: prove the case beyond a reasonable doubt before a jury.

Who Decides Whether to Go to Trial?

This decision belongs to the defendant — not the attorney, not the judge, not the prosecutor. The role of an experienced defense attorney is to lay out the full picture: the strength of the prosecution’s evidence, the realistic range of trial outcomes, the consequences of the plea offer on the table, and the risks on both sides — so the client can make an informed choice. It is often the most important decision a person will make in their life.

Is a Jury Trial a Good Option? Weighing the Risk

There is no single answer — it depends entirely on the facts, the charges, the evidence, and what is at stake. The defining feature of a trial is uncertainty: no one knows the verdict until it is announced.

That cuts both ways. A defendant who rejects a plea and goes to trial can lose, and sometimes the outcome after a conviction at trial is worse than the deal that was offered beforehand. But a defendant who takes that risk can also be acquitted of all charges — walking away with no conviction and none of the consequences a guilty plea would have carried. For many people, that possibility is worth a great deal. A seasoned defense attorney helps weigh these competing realities honestly, neither overselling the upside nor downplaying the risk.

The Stages of a Jury Trial

A criminal jury trial in New York generally unfolds in this order:

1. Jury selection (voir dire). The attorneys and the court question prospective jurors to seat a fair and impartial panel. Each side may remove jurors for cause (for demonstrated bias) and may use a limited number of peremptory challenges to excuse jurors without giving a reason — though neither side is permitted to strike jurors because of their race or gender.
2. Opening statements. The prosecution outlines its case first; the defense may follow.
3. The prosecution’s case. The People call witnesses and experts and introduce exhibits. The defense cross-examines each witness — often the most important tool for exposing weaknesses in the case.
4. Motion to dismiss. After the prosecution rests, the defense can and should move for a trial order of dismissal, arguing the People have not met their burden.
5. The defense case. The defense may (but is never required to) call its own witnesses and introduce exhibits, which the prosecution may cross-examine.
6. Closing arguments (summations). In New York, the defense sums up first, and the prosecution has the last word.
7. The jury charge. The judge instructs the jury on the law governing the case and the jurors’ duties. In some cases, the judge also tells the jury that it may consider lesser-included offenses — less serious charges supported by the same facts.
8. Deliberations. The jury meets privately to reach a verdict. During deliberations, jurors may ask to have testimony read back, to review exhibits, or to have the judge clarify the legal instructions.

The Verdict

When the jury reaches a decision, everyone returns to the courtroom. The verdict can be:

• Not guilty on all counts,
• Guilty on all counts, or
• A split verdict — not guilty on some charges and guilty on others.

The verdict sheet is shown first to the judge, then returned to the jury foreperson, who reads it aloud. Either side may then ask that the jury be polled — each juror confirming individually that this is truly their verdict.

Hung Juries and Mistrials

Because a verdict must be unanimous, sometimes a jury simply cannot agree. When jurors report that they are deadlocked, the judge will usually first instruct them to keep working toward a verdict (a supplemental charge sometimes called an “Allen” charge). If they remain hopelessly deadlocked, the result is a hung jury, and the judge declares a mistrial.

Importantly, a mistrial is not an acquittal — and it does not necessarily end the case. Because no verdict was reached, retrying the case does not violate the constitutional protection against double jeopardy, so the prosecution may choose to retry the case before a new jury, offer a new resolution, or drop the charges. Often, after a jury has split, both sides see the strengths and weaknesses of the case more clearly, which can reshape what happens next.

What Happens If You Are Acquitted

A verdict of not guilty is a complete victory. The judge dismisses the jury and closes the case, and the defendant goes home. Any bail is exonerated (returned), and the record of the arrest and charges is sealed under New York law — as though it never happened — restoring the person to the position they were in before the arrest. Because of the constitutional protection against double jeopardy, an acquittal is final: the prosecution cannot appeal it or try you again for the same offense. For both the client and the defense attorney, hearing “not guilty” after the ordeal of a prosecution is the goal of taking a case to trial.

If You Are Convicted

A guilty verdict is not necessarily the last word. Before sentencing, the defense can file a motion to set aside the verdict under New York Criminal Procedure Law § 330.30 — for example, based on a legal error in the record serious enough to require reversal, juror misconduct that occurred outside the courtroom and was unknown before the verdict, or newly discovered evidence. After sentencing, a convicted defendant also has the right to appeal to a higher court. (By contrast, the prosecution cannot appeal an acquittal.) These are demanding standards, but they are important safeguards — and another reason that preserving issues properly during trial, through a prepared and attentive defense, matters so much.

Do You Always Have the Right to a Jury Trial?

Generally, yes — but with limits worth understanding:

• You have the right to a jury trial for all felonies and all Class A misdemeanors.
• For Class B misdemeanors, the rule depends on location: outside New York City, you are entitled to a jury; in New York City, a Class B misdemeanor is tried by a judge alone (a bench trial). One key exception protects non-citizens — under People v. Suazo (2018), a non-citizen who shows the charge carries a potential penalty of deportation is entitled to a jury trial even for a Class B misdemeanor in NYC.
• A defendant may also waive the jury and choose a bench trial with the court’s permission — a strategic choice made rarely, usually in highly technical cases or where allegations might inflame a jury. (In a first-degree murder case, the defendant cannot waive a jury.)

How Long a Trial Takes — and Why Preparation Is Everything

Depending on complexity, a jury trial can last anywhere from about two weeks to several months, in session roughly 9 a.m. to 5 p.m. each day, and the defendant must be present in the courtroom with counsel throughout. Thorough trial preparation takes a very long time. A good lawyer must devote weeks, and sometimes months, almost entirely to getting ready — often setting aside other work and clearing the calendar so the trial gets the singular focus it demands.

What happens in the courtroom is only part of the story. Preparing for trial can take a defense team weeks to months: mastering every fact, knowing when and how to object, working to preclude damaging evidence and admit favorable evidence, command of the applicable law, preparing cross-examinations, and being ready to file motions and adapt to whatever unfolds in real time. A trial is a demanding, high-stakes process — when our firm takes a case to trial, the entire firm works on it, because the client’s future depends on getting it right.

Frequently Asked Questions

How many jurors are in a New York criminal trial? Six jurors in a misdemeanor case and twelve in a felony case, plus alternates. The verdict must be unanimous.

Does a jury verdict have to be unanimous in New York? Yes. Every juror must agree on either a guilty or a not-guilty verdict. If they cannot agree, the result is a hung jury, and the judge declares a mistrial.

What happens after a hung jury? A mistrial is not an acquittal. The prosecution may retry the case before a new jury, offer a new resolution, or dismiss the charges.

Who decides whether to take a plea or go to trial? The defendant. The attorney’s job is to explain the evidence, the risks, and the likely outcomes so the decision is fully informed — but the choice is the client’s.

What happens if I am found not guilty? You are released, any bail is returned (exonerated), and the record of the arrest and charges is sealed under New York law, restoring you to the position you were in before the arrest. An acquittal is final — the prosecution cannot appeal it or retry you for the same offense.

What can I do if I am convicted at trial? Before sentencing, your attorney can move to set aside the verdict under CPL § 330.30 (for a record-based legal error, juror misconduct, or newly discovered evidence), and after sentencing, you have the right to appeal to a higher court.

Do I have a right to a jury trial? Yes for all felonies and Class A misdemeanors. For Class B misdemeanors, you have a jury right outside New York City; inside NYC, it is a bench trial, with an exception for non-citizens facing potential deportation consequences.

Offered a Plea Deal? Get a Second Opinion Before You Decide

If you have a criminal matter and the prosecution has offered you a plea bargain, but you are not sure whether to take it, this may be one of the most important decisions of your life — and it deserves careful analysis. The criminal trial attorneys at Sharifov & Associates, PLLC can review the offer, assess the strength of the case against you, and help you decide whether to accept the deal or take your case to trial.

Contact Sharifov & Associates, PLLC, today for a confidential consultation.

Attorney Advertising. This article is for general informational purposes only, is not legal advice, and does not create an attorney-client relationship. Laws change and every case is different; for advice about your specific situation, consult a licensed New York attorney. Prior results do not guarantee a similar outcome.