Once an arraignment happens, most people have little sense of what comes next or how long it will take. This guide walks through how a New York State criminal case actually moves through the courts: arraignment, the grand jury or preliminary hearing stage, the pretrial phase, plea negotiations, trial, and sentencing. It picks up where what to do if you’re arrested in New York leaves off, and it covers state court procedure specifically, not federal.
Arraignment: Where Every Case Starts
Every case begins at arraignment. The charges are read in court, and the defendant enters a plea, almost always not guilty at this early stage. If the person can’t afford an attorney, one is assigned here. The judge also addresses release conditions, though the deeper mechanics of bail are covered in the arrest guide above.
What arraignment does set up is a fork in the road: misdemeanor and felony cases follow different paths from this point forward.
Felony Cases: Grand Jury vs. Preliminary Hearing
For felony charges, the case generally moves to a grand jury next, unless the prosecutor reduces the charge to a misdemeanor first. Under CPL Article 190, a grand jury is a panel of citizens who review the prosecution’s evidence, without the defense presenting a case, to decide whether there’s enough to formally indict.
A preliminary hearing serves a similar screening purpose but works differently: a judge, not a grand jury, reviews whether there’s enough evidence to hold the case for further action. It typically comes into play when a felony case hasn’t moved to a grand jury within the required window. Either way, this stage exists to filter out felony charges that don’t have enough evidentiary support to continue.
The Pretrial Phase: Discovery, Motions, and Negotiation
Once a case clears the grand jury or preliminary hearing stage, it enters the pretrial phase, where both sides exchange evidence through a process called discovery and can file motions asking the court to suppress evidence, dismiss charges, or address other legal questions.
New York’s discovery rules, governed by CPL Article 245, have changed significantly since they first took effect in 2020. The original version required prosecutors to turn over nearly all case-related material on a strict timeline, and missed deadlines led to a wave of case dismissals across the state. New York’s FY26 state budget revised this system in 2025. Courts now apply a proportionality standard, weighing whether a missing item actually prejudiced the defense rather than dismissing over a technical miss. Disclosure obligations were narrowed to material genuinely relevant to the charges, and cases can proceed when prosecutors show good-faith, due-diligence progress even with a few items still pending. The reform also added speedy trial and witness protection provisions. (Governor Hochul’s office)
In practical terms, this means discovery disputes are less likely to end a case on a technicality than they were between 2020 and 2025, but prosecutors still carry real, enforceable disclosure obligations. An attorney who has worked on both sides of these obligations, building a case as a prosecutor and defending against one, has a clearer sense of where genuine compliance gaps are likely to exist.
Plea Bargaining: Why Most Cases Never Reach Trial
A plea agreement can happen at almost any point after arraignment, and most New York criminal cases resolve this way rather than going to trial. In a plea agreement, a defendant typically pleads guilty to a charge, sometimes a reduced one, in exchange for a more predictable outcome than trial would offer. Prosecutors are often most willing to negotiate once the strength or weakness of their evidence becomes clearer during discovery, and less willing early on, before either side has tested the case.
Whether a plea makes sense depends entirely on the specific evidence and charges involved. There’s no general rule that applies to every case.
What Happens at Trial
A defendant can choose a jury trial or a bench trial decided by a judge alone. Either way, the prosecution carries the burden of proving guilt beyond a reasonable doubt. The defense doesn’t have to prove innocence.
A trial generally follows the same sequence: jury selection (if applicable), opening statements, presentation of evidence and witness testimony from both sides, closing arguments, and then deliberation before a verdict.
Sentencing and What Happens After a Conviction
Sentencing follows a guilty plea or a guilty verdict. The court weighs the specific charge, the defendant’s record, and the facts of the case in deciding the outcome. A conviction can be appealed, though appellate procedure involves its own separate timeline and legal standards beyond the scope of this guide.
How Long Does a Criminal Case Take in New York?
There’s no single timeline that applies to every case. A felony that goes through a grand jury takes longer than a misdemeanor resolved early. Discovery complexity, court calendars, and how many pretrial motions get filed all affect the pace.
New York does set outer limits through its speedy trial law, CPL 30.30, which requires the prosecution to be ready for trial within set periods tied to the top charge, generally longer for felonies than misdemeanors. This is a limit on how long the prosecution can take before it must be ready, not a guarantee of how quickly a case actually concludes, since court schedules and motion practice add real time on top of it.
Frequently Asked Questions
What’s the difference between a grand jury and a preliminary hearing?
A grand jury is a panel of citizens who review the prosecution’s evidence to decide on an indictment, while a preliminary hearing has a judge make that same evidentiary determination instead.
Can criminal charges be dropped before trial?
Yes. Charges can be reduced or dismissed at multiple points, including after discovery reveals weaknesses in the prosecution’s evidence or through a pretrial motion.
When does a prosecutor usually offer a plea deal?
Timing varies by case, but prosecutors are often more open to negotiating once both sides have a clearer picture of the evidence through discovery.
Do I have to testify at my own trial?
No. A defendant has the right not to testify, and the prosecution still carries the full burden of proving guilt beyond a reasonable doubt.
What changed with New York’s discovery rules in 2025?
The state adopted a proportionality standard for missing evidence, narrowed what prosecutors must disclose, and allowed cases to proceed on a good-faith compliance standard, among other changes.
How long does a typical criminal case take from arraignment to trial?
It depends on the charge and case complexity, though New York’s speedy trial law under CPL 30.30 sets outer limits on how long the prosecution can take to be ready.
Can I change my plea after arraignment?
Yes, a plea can change as a case develops, including through a negotiated plea agreement later in the process.
Knowing the Process Changes How You Handle It
Most New York criminal cases move through the same general stages, even when the outcome feels unpredictable. Understanding where a case sits, and what’s actually at stake at each stage, matters most during the pretrial phase, where New York’s 2025 discovery changes now play a real role.
For guidance at any stage of this process, from arraignment through trial, contact Robert G. Babcock for a free, confidential consultation. To find the right attorney to guide you through it, see how to choose a criminal defense attorney in Albany, NY.
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