How a trial unfolds
A jury trial usually begins with jury selection, in which lawyers on both sides question prospective jurors and can ask that some be excused. Opening statements follow, then the prosecution presents its witnesses and exhibits, and each witness can be cross-examined. The defense is not required to present any evidence, because the burden stays on the prosecution to prove guilt beyond a reasonable doubt. After closing arguments, the judge instructs the jurors on the law, and a jury's guilty verdict has to be unanimous. Some lower-level charges are tried before a judge alone, depending on the charge and the court where it is brought.
Decisions that belong to you
Whether to testify is your decision, made after a candid conversation about what cross-examination would look like and what staying silent would and would not mean. Jurors can be instructed that they may not hold a decision not to testify against you. Waiving a jury so that a judge decides the case is another choice that sometimes comes up, and in New York that waiver is generally made in writing and needs the court's approval. Offers to resolve the case can still arrive close to trial or even during it, and accepting or rejecting one is also yours to decide. We lay out what we know about each option; we do not make those calls for you.
What preparation looks like
Trial preparation starts long before the trial date. It includes working through the discovery the prosecution has turned over, interviewing witnesses, and sometimes retaining a technical witness to review forensic work. Pretrial hearings may decide whether certain statements, physical evidence, or identifications can be used at all, and those rulings often shape the trial more than anything said in front of the jury. We also prepare you for the courtroom days themselves: how to react when testimony is hard to hear, and who should or should not attend. A criminal trial tends to be slower and more procedural than television suggests, and knowing that ahead of time helps.
