My understanding of the whole Death Eater trials post Battle of Hogwarts is that it's a myth perpetuated by the internet and fanfiction and not something that exists in either the book or the 2nd film based on the book in question. It isn't even something referenced in the Cursed Child. But if they did happen the Malfoys were pretty set to go free. Here we go.

Lucius: Yeah, let's get the elephant out of the room first. So many people would love for JK Rowling to have condemned Lucius to either life in Azkaban or the Dementor's Kiss but that thankfully doesn't happen. At the end of Order of the Phoenix he gets arrested. He's sentenced to an undisclosed term in Azkaban prison in Half Blood Prince. In Deathly Hallows he is forcefully removed from Azkaban by Voldemort and held prisoner in his own home treated like a borderline slave, even suffering the punishment of having his wand snapped by Voldemort. During the Battle of Hogwarts he does nothing save try not to get himself killed and look for his son with his wife.

If put on trial after all of that any legal council worth their position would be able to argue he had committed no new crimes since being busted out of Azkaban by force and held prisoner in his home where he was treated no better than a slave and had his wand snapped, that he was not in good health, and that he should be allowed to serve what remained of his sentence for his crime from the end of Order of the Phoenix via house arrest. Malfoy Manor might be a house of horrors after Voldemort's takeover of it, but it is still a place that is more likely to allow for actual recovery of someone as broken as Lucius was after the Battle of Hogwarts than Azkaban could ever hope to be. The Ministry would go for it purely for the sake of putting an emphasis on the fact that the war is indeed over.

Narcissa: Whether people like it or not this woman is not the saint that people like to write her as in fanfiction. She wholeheartedly embraces the same beliefs as her deranged sister Bellatrix and her husband Lucius. That doesn't make her less capable of love than them of course, I'm just laying the facts down. Over the course of her life everyone who was a death eater that actually took the mark shielded Narcissa from ever having to commit a crime that would be severely punishable in a court of law.

Bellatrix, Lucius, Severus, Draco, everybody. The sole crime they could manage to stick her with is being an accessory to the crimes of a long list of other people. This has not historically been a charge that stuck in our own world so why would it be one that stuck in the arsebackwards world of Harry Potter? Furthermore with or without Harry deciding to be a good boy and back it up as a testifying witness Narcissa could provide the memory of her lying to Voldemort that allowed Harry to gain the critical element of surprise against him that resulted in his eventual victory. She can also provide months if not years worth of memories of what she, Draco, and Lucius went through while "serving" under Voldemort.

Draco: He's the easiest by far. He took the mark under severe duress and illusions of grandeur while underage. His greatest crime as a Death Eater is that of inaction. Unless the Wizengamot members truly think he should've risked his life for others while within eyesight of Voldemort or fellow Death Eaters who would sooner Crucio him than piss on him if he was on fire they have nothing to charge him for.

One dose of Veritaserum and the question of whether he killed Albus Dumbledore would have him absolved from consequences for his role in that "crime" too. Even without Harry deciding to be a good boy and personally coming to corroborate that Draco didn't do it. All of the other attempts on Dumbledore's life which went awry and that the old coot knew about but did nothing to put an end to despite the danger they posed to others at Hogwarts, wouldn't be on the table at all unless someone on the Hogwarts staff had a massive vendetta.

If the Ministry was petty about it they'd sentence him to community service of some kind. Nothing more, nothing less.

There, all of your supposed research was moot and all you needed was some common sense and canon events.

What about nearly headless Nick? Did I miss something? Wasn’t he supposed to testify?

Nailed it, Draco and his mother would be able to get of in a trial with a competent lawyer because they do have enough evidence from concrete events to argue they are innocent/pressured into it. And the reasons they were innocent in this were the exact ones I would think from canon so it was beautiful how it all came together. I LOVE this fic and the way it nailed it. I also love the pride factor that was explored, how Draco didn't want to be as forthcoming about the actual motives behind his actions in the war because he didn't want to reveal he was out of his depth, how played he was by Voldemort, and how he wasn't actually on his inner circle or thought of highly at all (Voldemort really used most of his death eaters) and how even now, there was still this pride he had, of not wanting to admit that, or get help. Even when anyone competent can see he needs to be honest about that to get the innocence he deserves. It's funny how he's almost prepared to go to prison just because of his pride.

His mother is a more difficult character to get a read on in this. I can't tell if it's because of pride or just not wanting her words to be twisted/sick and tired of all of this, and anger as well (as she didn't want to get involved in this, it was because of her husband she got involved in this), or humiliation. But I think it might be a mix of both.

I loved your take on it, this is a really sharp fic. I didn't enjoy the romance as much because I have a different headcanon of how they got together/their personalities (actually I have several headcanons for those characters) so I was too steeped in my own headcanons to really enjoy this as much but I think other readers who came into it with a more open mind would like it.

Love this

Love it

I didn't think the reason for Draco's initiation into Voldemort's circle was because he was worried he might have information about what was going on, and might tell somebody on the light side out of fear as things escalated, but now that I'm reading this it seems possible. Draco did know a lot and he had no real relationship with Voldemort for Voldemort to have any reason for trusting Draco, especially knowing his paranoia. It does seem likely the mark was put on his wand to prevent him from seeking help from the light. I feel sorry for Draco.

Amazing start, can't wait to read more.

Yes yes yeeeeeees, when I was looking for a fanfic DracoxAstoria, this is what I was talking about, it is perfect, beautiful and complete, what a wonderful story.

I just finished the fic and I love it, I already want to spend some time to be able to read it again, you are incredible you really did a great job author, this couple in your hands is art.

This fanfic was magnificent, it has so many things to highlight but for the moment I can only say: I want that, what unfolds between Astoria and Draco ooh I feel so romantic now.
What a beautiful fic, the best one of this couple.

Where have you been all my life? I love this fanfic I am totally in love with it, once I started it I couldn't stop.I hope with all my heart that you are encouraged to write again about this couple because the way you did it was masterful.

I'm incredibly happy to read this story, I recently saw the end of HP and Draco and Astoria's couple hit my heart but I did not initially find any fanfic of my liking, you are a genius, you are incredible, love your story, your writing, your character construction, you are amazing. Thank you.

I really enjoyed this story! The plot line, details, themes, and characters were all brilliant! I was looking for a decent post-war Draco fic for ages, so it was great to come across this! The only thing I was questioning was whether Draco and Astoria would realistically allow themselves to feel for each other on the cusp of Draco’s likely imprisonment... I feel like more denial and avoiding feelings would have been more realistic. But you know, I still LOVED the story.

Mm...

Much better prose than I can manage. The plot was predictable (the non-protagonists going to Azkaban, the protagonists staying free, the couple falling for each other despite, the use of Harry Potter as a deus ex machina) none of it FELT predictable. The emotional journey you led the audience on felt genuine.

I really enjoyed this story - your Draco was very believable and Astoria was adorable.