Do All Criminal Charges Go to Trial in New York?

By max@dotcomlawyermarketing.com
July 7, 2024
4 min read
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Do All Criminal Charges Go to Trial in New York?

When you're facing criminal charges in New York, it's natural to wonder if you'll have to go through a trial. The short answer is no - not all criminal charges in New York go to trial. In fact, the vast majority of cases are resolved without ever seeing the inside of a courtroom. At Spodek Law Group, we understand how daunting the criminal justice system can be. That's why we're here to guide you through every step of the process and fight for the best possible outcome in your case.

The Reality of Criminal Cases in New York

Let's face it - the criminal justice system can be OVERWHELMING. You may be picturing dramatic courtroom scenes from TV, but the reality is quite different. Here's a breakdown of how most criminal cases actually play out in New York:
  • Plea Bargaining: The vast majority of cases (over 95%) are resolved through plea bargains. This means the defendant agrees to plead guilty to a lesser charge in exchange for a more lenient sentence.
  • Dismissals: In some cases, charges may be dismissed entirely if there's insufficient evidence or procedural errors.
  • Trials: Only a small percentage of cases (usually less than 5%) actually go to trial.
So why is this the case? There are a few key reasons:
  1. Efficiency: The court system is overburdened, and trials are time-consuming and expensive. Plea bargains help keep the system moving.
  2. Risk Mitigation: Both prosecutors and defendants often prefer the certainty of a plea deal over the unpredictability of a trial.
  3. Evidence Strength: If the evidence against a defendant is strong, they may choose to plead guilty rather than face potentially harsher penalties at trial.

The Stages of a Criminal Case in New York

To better understand why most cases don't go to trial, let's walk through the typical stages of a criminal case in New York:
  1. Arrest and Booking: This is where it all begins. You're taken into custody and processed.
  2. Arraignment: You're formally charged and enter an initial plea (usually "not guilty" at this stage).
  3. Pre-Trial Proceedings: This includes bail hearings, discovery (evidence sharing), and pre-trial motions.
  4. Plea Bargaining: Negotiations between your defense attorney and the prosecutor.
  5. Trial (if necessary): If a plea deal isn't reached, your case will proceed to trial.
  6. Sentencing: If you're found guilty or accept a plea deal, the judge will determine your sentence.
As you can see, there are MULTIPLE opportunities to resolve your case before it ever reaches trial. That's where having an experienced criminal defense attorney becomes CRUCIAL.

Factors That Influence Whether a Case Goes to Trial

While most cases don't go to trial, some do. Here are some factors that can influence whether your case might be one of the few that ends up in court:
  • Severity of the Charges: More serious felonies are more likely to go to trial than minor misdemeanors.
  • Strength of Evidence: If the evidence against you is weak, we might advise fighting the charges at trial.
  • Defendant's Wishes: Ultimately, it's your decision whether to accept a plea deal or go to trial.
  • Prosecutor's Stance: Some prosecutors are more willing to negotiate than others.
  • Prior Criminal History: If you have a significant criminal record, prosecutors may be less likely to offer favorable plea deals.

The Pros and Cons of Going to Trial

If your case does end up being one of the few that goes to trial, it's important to understand the potential benefits and drawbacks:
Pros of Going to Trial Cons of Going to Trial
Chance of full acquittal Risk of harsher sentence if convicted
Opportunity to tell your side of the story Stress and uncertainty of the trial process
Ability to challenge evidence and witnesses Higher legal costs
Preserves right to appeal Public nature of trials

How We Can Help

At Spodek Law Group, we have EXTENSIVE experience navigating the New York criminal justice system. Our approach is tailored to each individual case:
  1. Thorough Case Evaluation: We'll carefully review all evidence and explore every possible defense strategy.
  2. Strategic Negotiation: If a plea bargain is in your best interest, we'll fight for the most favorable terms possible.
  3. Trial Preparation: If your case does go to trial, we'll leave no stone unturned in building a strong defense.
  4. Constant Communication: We'll keep you informed and involved throughout the entire process.
Remember, facing criminal charges doesn't automatically mean you're headed for trial. With the right legal representation, you have options. Don't face this challenging time alone - reach out to us at 212-300-5196 for a free consultation. Let's work together to protect your rights and secure the best possible outcome for your case.

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Todd Spodek

About the Author

Todd Spodek, Managing Partner

Todd Spodek is the Managing Partner of Spodek Law Group, a premier NYC law firm specializing in divorce, family law, and criminal defense. Featured in Netflix's "Inventing Anna," Todd brings over 48 years of combined legal experience to every case. Known for his strategic approach and dedication to clients, he has successfully handled thousands of complex legal matters throughout New York.

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