What is the process of a criminal trial?
In New York, the process of a criminal trial typically begins with an arrest, or a summons to appear in court. Once the defendant has been arrested, they may be held in jail for a period of time while the court proceedings are pending. During this time, the prosecution will build its case against the defendant, by gathering evidence such as witness statements, crime scene photographs, reports, and more. Once the prosecution is ready to take the case to trial, the defendant will be brought before a judge and jury. At the trial, the prosecution will present their case, which includes all the evidence they have collected and the charges they are demanding against the defendant. After the prosecution’s case has been presented, the defense will then present their side. The defense will either dispute the prosecution’s evidence, or present its own evidence to prove their client’s innocence. The jury, made up of peers from the local community, will then review the evidence presented and decide whether the defendant is guilty or not. The jury can choose from a variety of verdicts, such as guilty, not guilty, or a lesser offense. After the jury has reached its verdict, the judge will then pass down the sentence. If the defendant is found not guilty, they will be released from custody and the case will close. However, if the defendant is found guilty, the judge will impose a sentence based on the severity of the crime. Depending on the type of crime and the defendant’s criminal history, the sentence can range from probation or community service to prison time.
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