What are my rights during a criminal trial in New York?

Your Rights During a Criminal Trial in New York

If you’re facing criminal charges and headed to trial in New York, you probably feel anxious and overwhelmed. But it’s important to remember – you have constitutional rights that provide critical protections for defendants.

Understanding your legal rights allows you to advocate for yourself and work with your attorney to build the strongest defense. Let’s break down the key rights you’re entitled to during a New York criminal trial.

The Presumption of Innocence

This is the bedrock principle of criminal law. You are presumed 100% innocent unless and until the prosecution can prove guilt beyond a reasonable doubt[1].

You have zero burden to prove your innocence. The entire burden is on the state to present compelling evidence you committed the crime. If they can’t, you must be acquitted.

The Right to Remain Silent

You can never be compelled to testify or speak at your trial under the Fifth Amendment right against self-incrimination[2]. The choice to testify is 100% yours.

If you don’t testify, the jury cannot hold it against you or consider it evidence of guilt. Your silence cannot be used to infer anything.

The Right to Confront Accusers

You have a Sixth Amendment right to confront and cross-examine all prosecution witnesses testifying against you[3]. This allows questioning their credibility.

If accusers don’t appear at trial, their out-of-court statements generally cannot be used as evidence. You have a right to face them.

The Right to Present a Defense

You have a constitutional right to mount a complete defense by presenting witnesses and evidence that support your innocence or cast doubt on the prosecution’s case[4].

The judge cannot arbitrarily restrict your ability to submit evidence, call witnesses, or make arguments furthering your defense.

The Right to Effective Assistance of Counsel

You’re entitled to have a competent, prepared attorney defending you at trial under the Sixth Amendment[5]. If your lawyer makes serious errors, it could violate your right to effective counsel.

But isolated mistakes or debatable strategic decisions typically don’t constitute “ineffective assistance.” The bar is quite high here.

The Right to an Unbiased Jury

You have a Sixth Amendment right to a jury that is fair, impartial and free of bias against you[6]. The jury selection process allows removing biased jurors.

If evidence emerges during trial that jurors are unfairly prejudiced, the judge may declare a mistrial and dismiss the tainted jury.

The Right to Appeal a Conviction

If convicted, you have a right to appeal both the conviction and sentence. Higher courts can overturn convictions due to legal errors and order a new trial.

The appellate court won’t re-decide factual guilt, but can reverse based on violations of your constitutional or procedural rights.

When Can My Rights Be Limited?

Your trial rights have some exceptions. For example, certain evidence can be excluded or your right to confront witnesses can be restricted in rare cases.

But the judge needs very compelling reasons tied to important policy goals like protecting child victims. Rights can’t be limited arbitrarily.

Waiving Your Rights

You’re allowed to voluntarily waive or give up certain rights after consulting your attorney – like the right to a jury trial or the right to appeal a conviction.

But fundamental rights like the presumption of innocence can never be waived. And waivers should always be knowing, intelligent decisions.

Violations of Your Rights

If your rights are violated during trial, your attorney can request remedies like dismissing tainted evidence, declaring a mistrial, or reversing a conviction on appeal.

Major violations could even lead to criminal charges being completely dismissed. So defending your rights is critical.

The Bottom Line

Understanding your constitutional and procedural rights allows you to be an empowered advocate alongside your defense lawyer during a criminal trial.

Exercise your rights respectfully but firmly. Don’t let the system bulldoze over your protected interests.