New York Criminal Defense Trial Attorneys

At Riebling, Proto & Sachs, LLP all of our lawyers are experienced trial attorneys in New York State and Federal Court. We analyze every aspect of a trial case to determine its strengths and weaknesses to effectively argue the case before a Judge or Jury.

Statistically very few cases go to trial but when they do you want the best criminal defense trial attorneys to protect your rights. At our law office we are always ready to go to trial if necessary and have experience at trial with a wide variety of criminal cases. Some of our clients retain our law office as their case is about to be scheduled for trial because of our trail lawyers’ extensive experience in this litigation.

The Trial in New York State

Types of Cases Tried by Our Criminal Trial Lawyers

Criminal Cases such as felony charges, misdemeanors, murder, assault, menacing, domestic violence, trespass, harassment, criminal contempt, criminal mischief, aggravated unlicensed operation of a motor vehicle, burglary, grand larceny, petit larceny (stealing), robbery, rape (including statutory rape), sex offenses, DWI/DUI, drug possession and sale (including marijuana, cocaine, heroin, narcotics), criminal facilitation, forgery, criminal possession of forged instrument, reckless endangerment, disorderly conduct, perjury, riot, stalking, making graffiti and weapons possession (including guns and knives);

Civil Cases such as automobile accidents, motorcycle accidents, slip and fall accidents, contract disputes, defective product liability, real estate and property claims, personal injury, medical malpractice, products liability, insurance claims, dog bites, workers compensation, and landlord tenant disputes; and

Family Cases such as divorce, child custody, child visitation and child support. With this wide range of experience our criminal defense trial attorneys are equipped to handle any type of trial.

The Anatomy of a Trial

Trial Preparation – Every trial begins with the preparation of the case.

Court Rules – All Court rules both State and Federal as well as the individual rules of each judge must be understood and complied with.

Trial Date – Once the case is calendared for trial all witness and evidence must be ready to proceed.

Jury Selection – In a Criminal trial an accused is entitled to 12 jurors in a felony case and six jurors in a Misdemeanor case. In a Civil matter, such as a Personal Injury case, six jurors are selected. Alternate Jurors are also selected.

Jury selection is one of the most important parts of a trial since those jurors will be making a decision regarding guilty or innocence in a criminal matter and liability and damages in a civil matter. The Criminal Trial Attorneys at Riebling, Proto & Sachs, LLP are experienced in selecting jurors to benefit our client’s case.

Preliminary Instructions – At this point a judge will issue instructions to the jury regarding the case. Usually the instructions make clear that during the trial the judge will make all decisions regarding the law and the jury will make all decisions regarding the facts of the case.

Opening Statements – Both sides in a trial are entitled to give opening statements to a jury. During this phase each trial attorney lays out what they feel the evidence as presented will prove or not prove. The attorney trial lawyer with the burden of proof in the case opens first.

Plaintiff’s or Prosecutor’s Case - The party with the burden of proving a fact presents their case first. Evidence is presented by witnesses and/or objects in court. After every witness the defendant will have an opportunity to conduct cross-examination of the witnesses.

In a criminal case the government must present evidence to prove their case “Beyond a Reasonable Doubt” In a civil case the plaintiff must prove their case by a “Preponderance of the Evidence” The standard of proof is higher than that in a civil case.

Motions after the Plaintiff or Prosecutor’s case – After the plaintiff or prosecutor has presented their case the defense will make a motion to dismiss if the evidence presented does not make out a case for a jury to consider. The Judge is the person who decides this issue of law.

The Defendant’s Case - If the case is not dismissed as stated in #8 above the defense will present their witness and evidence. A defense is not necessarily required since the burden usually remains with the plaintiff/prosecution absent some defense theory they must prove.

Motions after all the evidence has been presented – Any further necessary motions are argued at this time.

Charge Conference – Both criminal trial lawyersattorneys meet with the Judge to discuss what law the Judge will read to the jury after closing arguments. The Charge is the instructions on the law the jury must follow including definitions of various legal terms.

Closing Arguments – Both trial attorneys speak to the jury for the last time during the trial. In closing arguments trial lawyersattorney’s tell the jury what the evidence has been, how it ties into the jury instructions and why the evidence and law compel a verdict in their favor. The attorney with the Burden closes last.

Jury Instructions – At this point the Judge reads the charge to the jury as discussed in the charge conference.

Jury Deliberations and Verdict – The jury is then sent into a separate room to decide the issues of fact in the case. The jury may ask questions of the judge during their deliberations. In a criminal case a jury must be unanimous in its decision. If the decision is not unanimous it’s called a “hung jury” and the case can be retried. In a civil matter a majority rules. 15.

Post-trial Motions and Appeal – After the trial either side may make motions based upon the law of the case and appeal any issue in law. Trials are usually complex and involve great effort to prevail therefore its necessary to have a criminal defense trial attorney lawyer with experience and the legal expertise to successfully litigate your case.

If you have a case pending in Westchester, Bronx, Putnam, Dutchess, Rockland, Orange Counties or elsewhere in New York State please contact one of our law offices in White Plains, New Windsor, Bronx, and Brewster, NY for a Free Consultation with our skilled trial attorneys.