What to Expect in a New Jersey Criminal Trial—and Why Most Cases Never Get There

When most people think of the criminal justice system, they imagine a courtroom: a jury, a judge, witnesses testifying, and dramatic cross-examinations. But in reality, the vast majority of criminal cases in New Jersey—and across the country—never go to trial. They are resolved through plea bargains, where the accused agrees to plead guilty, often in exchange for reduced charges or sentencing recommendations.

So why do trials matter?

Because when your freedom is on the line, you need to be prepared for every possibility. You need an attorney who not only understands the complexity of the trial process, but who is ready to stand up in court, challenge the prosecution’s evidence, and protect your constitutional rights at every turn. At Sosis Law, LLC, we believe that trial-readiness is the foundation of effective defense—even when the case never reaches a jury.

The Rare But Powerful Reality of Criminal Trials

The Numbers Don’t Lie

In New Jersey, fewer than 5% of criminal cases go to trial. Most are resolved well before the courtroom doors open—often through plea negotiations between defense attorneys and prosecutors. That’s not necessarily a flaw in the system. Trials are costly, time-consuming, and emotionally taxing. But the low number also reflects the power imbalance that often exists between the state and the accused.

Prosecutors may offer plea deals that are hard to refuse, especially when a guilty plea can result in probation instead of jail time—or when the risk of a lengthy sentence after trial is too high. For first-time offenders or people charged with non-violent crimes, this can seem like a safer bet.

But every case is different. Some cases demand a trial. And when they do, your attorney must be ready.

Understanding the Trial Process in New Jersey

New Jersey’s criminal trial process is governed by the New Jersey Court Rules, statutory law, and constitutional protections. Below is an overview of the major phases you may experience if your case proceeds to trial.

1. Pre-Trial Proceedings

Before a trial begins, several key events occur:

- Arraignment – The defendant is formally charged and enters a plea (usually “not guilty” at this stage).
- Discovery – The prosecution must share the evidence it intends to use at trial. This may include police reports, forensic results, witness statements, surveillance footage, or digital evidence.
- Pre-Trial Motions – These are legal arguments brought before the judge, such as motions to suppress evidence, dismiss charges, or compel discovery.
- Plea Bargaining – During this period, prosecutors and defense attorneys may negotiate to resolve the case without a trial. If no agreement is reached, the case moves forward.

2. Jury Selection (Voir Dire)

If you go to trial, and it's a jury trial (as opposed to a bench trial before a judge), the first major step is selecting the jury.

- Voir Dire allows attorneys from both sides to question potential jurors for bias or conflicts of interest.
- The goal is to seat an impartial jury that will decide your case based solely on the evidence presented in court.

Mr. Sosis personally participates in jury selection to ensure that the panel is fair and unbiased. He looks for subtle cues—body language, hesitation, tone—that might indicate prejudice. His decades of litigation and public speaking experience allow him to connect with jurors as human beings, not just legal checkboxes.

3. Opening Statements

Once the jury is empaneled and seated, the trial begins with opening statements. This is not the time to argue the case—it’s the time to tell a compelling story.

- The Prosecution presents first, outlining what they intend to prove and how.
- The Defense, in turn, presents its own roadmap—what the evidence will show, what it will not, and why the jury should maintain reasonable doubt.

William N. Sosis uses this opportunity to set the tone, frame the issues, and begin establishing his client's humanity and the flaws in the state's case. Jurors must see the defendant as a person, not a file number, and Mr. Sosis ensures that narrative clarity begins from the first word.

4. The Presentation of Evidence

This phase is the heart of any trial. It includes:

- Witness Testimony – Police officers, forensic experts, alleged victims, and other individuals may be called to testify.
- Physical Evidence – Weapons, clothing, photographs, and more may be submitted into the record.
- Digital Evidence – Emails, texts, phone logs, metadata, surveillance footage, and other forms of electronic documentation are increasingly common.

The prosecution presents its case first, followed by the defense if it chooses to present evidence. (The defense is not required to present any evidence at all—the burden remains on the state to prove guilt beyond a reasonable doubt.)

Mr. Sosis excels at challenging the foundation of digital and forensic evidence. With advanced training in digital forensics and years of technical IT experience, he understands how evidence is collected, preserved, and potentially corrupted. He has suppressed illegally obtained digital evidence and discredited questionable expert testimony through precise and knowledgeable cross-examination.

5. Cross-Examination and Strategic Defense

Cross-examination is where weaknesses in the prosecution’s case are exposed.

- Witness credibility is tested.
- Inconsistencies in statements are highlighted.
- Chain of custody issues for evidence are scrutinized.
- Hidden motives or biases are revealed.

This is where preparation matters most. Mr. Sosis approaches cross-examination with surgical precision, knowing that one truthful admission under pressure can change the entire trajectory of a case.

If the defense presents its own case, it may include:

- Expert testimony (e.g., digital forensics, psychology)
- Alibi witnesses
- Demonstrative exhibits
- The defendant’s own testimony (rare and high-risk, but sometimes necessary)

Every decision is strategic and made in consultation with the client, whose voice and values remain at the center of the defense.

6. Closing Arguments

This is the final opportunity for both sides to address the jury directly.

- The prosecution argues why the evidence proves guilt beyond a reasonable doubt.
- The defense reminds the jury of the state’s burden and reaffirms any gaps or doubts in the case.

Mr. Sosis crafts closing arguments with the jurors’ perspective in mind: clear, concise, persuasive, and human. He reinforces key themes introduced at the beginning, revisits critical moments from testimony, and empowers the jury to deliver a fair verdict based on the facts—not emotion or fear.

7. Jury Instructions and Deliberations

Before deliberation, the judge gives legal instructions to the jury: how to interpret reasonable doubt, how to apply the law, and what they may or may not consider in their decision.

Then the jury retires to deliberate in private. Their verdict must be unanimous.

During this time, no one—not the judge, not the attorneys—has any influence. It is entirely in the jury’s hands.

8. The Verdict and Sentencing

The jury returns with one of three possible outcomes:

- Guilty
- Not Guilty
- Hung Jury (if unanimous agreement is not reached)

If found guilty, the case proceeds to sentencing. In New Jersey, sentencing includes a pre-sentencing investigation (PSI) and may be guided by statutory ranges, aggravating/mitigating factors, and parole eligibility.

Mr. Sosis advocates forcefully for sentencing mitigation, drawing on the client’s personal history, lack of prior offenses, and rehabilitative efforts. If acquitted, the client walks free—with all charges dismissed.

Why So Few Cases Go to Trial

The rarity of trials in New Jersey isn’t accidental—it’s structural. Multiple factors contribute to the fact that over 90% of criminal cases in the state are resolved by plea agreement:

1. The Sentencing Risk of Going to Trial

One of the biggest deterrents to trial is the risk-reward disparity. If a defendant goes to trial and loses, the sentence imposed may be significantly harsher than the one offered in a plea deal. This is known as the “trial penalty.”

For example, a plea might offer probation and no jail time, but a guilty verdict at trial could result in a multi-year prison sentence. Many defendants, even those with valid defenses, choose to avoid this risk—even if they maintain their innocence.

2. Overwhelmed Courts and Prosecutorial Efficiency

The court system, especially in densely populated areas of New Jersey, is under immense pressure to process cases quickly. Trials take time—weeks, sometimes months—and courts have limited resources.

Prosecutors, too, must manage massive caseloads. Plea agreements allow them to secure convictions efficiently, conserve resources, and avoid the unpredictability of trial. In exchange, they may offer reduced charges or more favorable sentencing terms.

3. Pressure from Pretrial Detention

Despite recent bail reforms, many defendants are still detained pretrial, especially in serious felony cases. Facing months in jail awaiting trial, some defendants plead guilty simply to regain their freedom sooner—even if they had a viable defense.

This dynamic disproportionately affects the poor, people of color, and those without strong legal representation.

4. Public Defenders and Caseload Realities

New Jersey’s public defenders are some of the most dedicated attorneys in the profession, but they often carry large caseloads and limited time per client. In many cases, going to trial is simply not feasible unless absolutely necessary.

Defendants represented by private counsel—like Sosis Law, LLC—have the advantage of time, resources, and personal attention to evaluate every option thoroughly, including trial.

The Power—and Pitfalls—of Plea Bargaining

Plea deals aren’t inherently bad. In fact, for many clients, a negotiated resolution is the smartest and most humane outcome. It can:

- Avoid the trauma of trial for both the accused and any victims
- Minimize sentencing exposure
- Expedite resolution and allow the client to move forward with their life

But plea deals also carry risks:

- You are pleading guilty—this can have lifelong consequences, including criminal records, immigration effects, and limits on employment and housing.
- The deal may be based on incomplete discovery or insufficient defense preparation.
- You may never know if the prosecution’s case would have collapsed under scrutiny.

That’s why plea decisions must be made from a position of strength, not desperation.

Why Trial-Readiness Still Matters in Every Case

Even if your case never goes to trial, your attorney’s ability and willingness to go to trial dramatically affects the outcome of your case. Prosecutors are less likely to offer favorable terms to lawyers who aren’t known for trial advocacy.

When prosecutors know that William N. Sosis is your lawyer, they understand that:

- He will not settle a case that doesn’t serve his client’s interests.
- He is fully prepared to challenge digital, forensic, or testimonial evidence in court.
- He has a reputation for ethical, strategic, and compelling trial advocacy.

Trial-readiness also ensures that every motion, every negotiation, and every piece of evidence is treated with full seriousness—because if the case does go to trial, the groundwork is already laid.

How Mr. Sosis Prepares Clients for Trial

At Sosis Law, LLC, trial preparation begins the moment you walk through the door—not the week before court. Whether your case ultimately goes to trial or not, we treat every client as though a jury might someday decide their fate.

William N. Sosis uses a client-centered approach that includes:

- Extensive One-on-One Preparation – You’ll know what to expect at every stage of the trial. If you’re testifying, you’ll rehearse. If you’re sitting silent, you’ll understand why.
- Full Transparency – You’ll receive honest assessments of risk, strategy, and options—not sugarcoating.
- Collaborative Planning – You’ll be a partner in your defense. We work with you to develop trial themes, identify key evidence, and anticipate the state’s moves.
- Expert Consultation – When necessary, we retain digital forensic experts, private investigators, or specialists to challenge the prosecution’s case.
- Mock Trials or Focus Groups – For high-stakes trials, Mr. Sosis may conduct pre-trial juror testing to refine strategy.

This depth of preparation not only increases the likelihood of success—it gives clients peace of mind. You’ll never walk into court alone, unprepared, or unaware. You’ll walk in with a plan, with purpose, and with power.

A Philosophy of Justice, Not Just Defense

William N. Sosis doesn’t believe trials are merely legal showdowns. He believes they are safeguards of liberty, where the state’s accusations must meet the highest burden of proof and every citizen has the right to confront those claims in the light of day.

He views every trial as a moral and constitutional arena—where dignity, due process, and truth must be honored. This philosophy informs everything he does:

- Challenging abusive prosecutorial tactics
- Demanding accountability in discovery and evidence collection
- Fighting for humane sentencing when convictions do occur
- Respecting the humanity of each client, regardless of accusation

This is not just law. It is advocacy. It is defense at its highest level.

Final Thoughts: Your Right to a Trial Deserves Respect

Trials are rare—but they’re powerful. They are the bedrock of our justice system and the ultimate test of truth. Whether your case goes to trial or not, you deserve an attorney who respects that right, prepares for that possibility, and has the courage and skill to see it through.

At Sosis Law, LLC, we prepare every case like it’s going to trial—because that’s how we get the best outcomes, inside or outside the courtroom.

If you or someone you love is facing criminal charges in New Jersey, don’t settle for a lawyer who only pleads cases out. Choose one who is ready to stand beside you, argue for you, and fight for your future—no matter what.

Choose William N. Sosis. Choose trial-readiness. Choose defense with purpose.