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Trial

Most criminal cases in Suffolk County will be resolved through plea negotiations. A small percentage of cases will proceed to trial. A trial is a formal proceeding where the prosecution presents witnesses and evidence against the accused, also known as the defendant. The defendant may choose to testify on his or her own behalf however is not required to testify at all. The decision whether to testify at trial is left entirely up to the defendant. In order for a defendant to be convicted of a crime, the prosecution must proof that the defendant committed the offense beyond a reasonable doubt. The decision, known as the verdict, where the defendant is found to be guilty or not guilty, is rendered by the judge at the end of a bench trial, or by a jury at the conclusion of a jury trial.
 
Jury Trials

Most trials in Suffolk County are Jury trials. With a jury trial the case is presented before a jury who will ultimately decide whether the defendant is guilty or innocent. At times, a trial will result in a hung jury where the jury fails to reach a verdict. Trials that end with a hung jury will often require a retrial.  Misdemeanor jury trials are presented before a panel of six jurors along with one or two alternative jurors. Felony jury trials require the case be presented before a panel of twelve jurors, along with two to four alternative jurors. Alternative jurors are added to the proceeding as a safeguard in the event that a member of the jury panel is disqualified during the trial. The alternative jury hears the testimony and evidence during the trial along with the other jurors and will be ready to be substituted should a juror be removed, disqualified or drop out prior to deliberation.
 
Bench Trials

A bench trial is a trial where the judge determines the guilt or innocence of the accused. Unlike with a jury trial, the judge overseeing a bench trial on a criminal case will decide whether the prosecution has proven that the defendant is guilty beyond a reasonable. In most criminal cases, the defendant can decide whether to proceed with a jury trial or a bench trial. There are times however when a defendant is not permitted to be tried by a jury and must proceed with a bench trial, such as in youthful offender trials or trials involving violations rather than criminal offenses.