Trial

While the majority of criminal cases in New York will be resolved without the necessity of a trial, a small percentage of criminal cases will be required to proceed to trial. A trial is a formal procedure whereby evidence is presented in court to determine whether a defendant is innocent or guilty of the criminal charges that have been lodged against him or her. In order for the prosecution to obtain a conviction in a criminal case, the prosecution must prove beyond a reasonable doubt that the defendant committed the offense. While all trials are overseen by a judge, the ultimate determination as to whether guilt has been proven beyond a reasonable doubt may be determined by either the judge during a bench trial, or a jury during.

Bench Trials

A bench trial is where evidence is presented before a judge, and that judge determines whether the defendant is guilty or innocent of the charges lodged against him or her. While a defendant is usually entitled to a jury trial on a criminal case, there are certain times when a defendant is not entitled to a jury trial, such as when a defendant has been determined to be youthful offender or where a defendant has been charge with a violation rather than a misdemeanor or felony. In addition, a defense attorney may decide that a case is better off being decided by a judge, rather than a jury.

Jury Trials

A jury trial is where evidence is presented before a jury and the jury makes the ultimate determination as to whether the defendant is guilty or innocent. Misdemeanor charges are tried before six jurors, and one or two alternatives. Felony trials are tried before 12 jurors and two or four alternatives.