Going to trial in a criminal case means your case will be decided in a courtroom rather than through a negotiated resolution. Every stage of the trial, from jury selection through the verdict, can affect the outcome. At The Fast Law Firm, we represent clients facing misdemeanor and felony charges throughout New York and prepare every case as though it may ultimately be decided before a judge or jury. If your case is headed toward trial, we will explain the process, prepare you for what lies ahead, and advocate for your interests every step of the way.
Why Choose The Fast Law Firm for Trial Representation?
A successful trial defense requires preparation, sound legal strategy, and the ability to respond effectively as the evidence unfolds. We begin building your defense from the start of your case, not only after plea negotiations have ended.
When you choose The Fast Law Firm, you can expect:
- Representation from former state and federal prosecutors who understand how criminal cases are investigated and presented
- Direct involvement from Elena Fast throughout your case
- Thorough review of evidence, witness statements, and legal issues
- Strategic pretrial motion practice to challenge the prosecution’s case
- Trial preparation tailored to the facts of your case
- Clear communication so you know what to expect before every court appearance
What Happens Before a Criminal Trial Begins?
Most criminal cases involve several court appearances before trial. During this stage, both sides exchange evidence, argue legal issues before the court, and determine whether the case can be resolved without a trial.
Pretrial proceedings often include:
- Discovery and review of the prosecution’s evidence
- Motions to suppress evidence or statements
- Evidentiary hearings
- Plea negotiations
- Trial scheduling and witness preparation
What happens before trial can significantly affect the outcome of your case. Successful pretrial motions may limit the evidence available to the prosecution, while additional investigation may uncover facts that strengthen your defense.
How Do We Prepare You for Trial?
Trial preparation begins long before anyone enters the courtroom. We carefully evaluate the prosecution’s evidence, identify weaknesses in its case, and develop a strategy designed for your specific circumstances.
Our preparation may include:
- Reviewing all available evidence and witness statements
- Conducting additional investigation when appropriate
- Preparing cross-examination strategies
- Identifying defense witnesses and exhibits
- Filing legal motions before trial
- Meeting with you regularly to discuss strategy and answer questions
If you decide to testify, we will help you prepare for both direct examination and cross-examination so you understand what to expect before taking the witness stand.
How Does a Criminal Trial Work?
Although every case is different, most criminal trials follow a similar sequence.
The trial generally includes:
- Jury selection
- Opening statements
- Presentation of the prosecution’s evidence
- Cross-examination of prosecution witnesses
- Presentation of the defense case, when appropriate
- Closing arguments
- Jury instructions from the judge
- Jury deliberations and verdict
Throughout the trial, we challenge the prosecution’s evidence, question witnesses, object when appropriate, and present arguments that support your defense.
Can My Case Be Decided by a Judge Instead of a Jury?
Yes. In some criminal cases, a defendant may choose a bench trial, where the judge decides the facts instead of a jury. Whether a bench trial is appropriate depends on the charges, the legal issues involved, and the overall defense strategy. We will explain the advantages and potential disadvantages of each option before helping you make that decision.
Will I Have to Testify?
Not necessarily. You have a constitutional right to remain silent, and the prosecution cannot require you to testify. Whether testifying is in your best interests depends on the facts of your case, the available evidence, and the defense strategy.
Before trial, we will discuss the potential benefits and risks so you can make an informed decision. If you choose to testify, we will prepare you thoroughly for questioning by both attorneys.
What Are the Possible Outcomes After Trial?
If the jury returns a not guilty verdict, the charges are resolved in your favor, and the case generally comes to an end.
If the jury returns a guilty verdict, sentencing usually takes place at a later hearing. Depending on the circumstances, post-trial motions or an appeal may also be available.
In some cases, jurors cannot reach a unanimous decision. This is known as a hung jury and may result in a mistrial. The prosecution may decide to retry the case, negotiate a resolution, or dismiss the charges, depending on the circumstances.
Prepare for Trial With The Fast Law Firm
Trial preparation can begin long before the first witness is called. At The Fast Law Firm, we build every defense with the possibility of trial in mind, challenge the prosecution’s evidence whenever appropriate, and work to protect your rights inside and outside the courtroom. If your criminal case may be headed to trial, contact us today to discuss your options and learn how we can help you prepare for every stage of the process.
Frequently Asked Questions
Can I accept a plea agreement after my trial has started?
In many cases, plea negotiations may continue after trial begins. Whether a plea offer remains available depends on the prosecution and the specific circumstances of your case.
How long does a criminal trial usually last?
Some misdemeanor trials conclude in a single day, while more complex felony cases may last several days or longer. The timeline depends on the number of witnesses, the evidence presented, and the legal issues involved.
What happens if the jury cannot reach a verdict?
If the jurors cannot unanimously agree on a verdict, the judge may declare a mistrial. The prosecution can then decide whether to retry the case or pursue another resolution.
Can I appeal if I am convicted?
In many situations, yes. A conviction does not automatically end your legal options. Depending on the circumstances, you may be able to challenge legal errors that occurred during the trial through the appellate process.