New York Criminal Process: Trial & Appeal

Reaching Plea Agreement
Although not a legal requirement, a person charged with a crime in New York may put up plea agreement for consideration by the prosecutors. The criminal proceedings move to trial stage in case no plea agreement is reached by the defendant with the prosecutors.

Types of Trials
In case a person in New York is charged with a crime that attracts punishment of imprisonment for six months or more, the person gets the right to trial by jury. However this right is waived once the person pleads guilty or he opts for a bench trial where there is only one judge before whom the trial takes place. In case a bench trial is requested by the person charged with a crime, the judge replaces the jury in the act of finding facts. Usually in the New York criminal procedure scenario, a defendant prefers to opt for trial by jury.

Process of Appeal
A person found guilty after a trial in the New York criminal court is entitled to the process of appeals. While such appeals must be filed within the period stipulated by the court, the process of appeal itself differs according to the nature of the crime convicted for. The criminal process in New York generally allows 30 days for an appeal to be filed from the date of declaration of sentences by the trial court. A New York criminal attorney can help a convict in the process of appeal by finding out the legal error in the criminal proceedings that led to the trial court pronouncing a person guilty. Some of the major legal errors committed by the trial court may be permitting evidences that are not admissible, extracting evidence from the defendant by violating his rights under US Constitution, inadequate evidence to pronounce a person guilty, etc. An appeal can also be made against the misconduct of the jury or based on fresh evidence that may absolve the person declared guilty of a crime.