Buffalo, NY Criminal Defense Lawyers Explain How Plea Bargains Work

Buffalo, NY Criminal Defense Lawyers Explain How Plea Bargains Work

If you have been charged with a crime in Buffalo, NY, one of the first things you will probably hear your criminal defense lawyer mention is a “plea bargain.” But what exactly is a plea bargain and how does it work? As experienced Buffalo criminal defense attorneys, we often help our clients navigate the plea bargaining process so we wanted to provide an in-depth explanation of what plea bargains are and how they can impact your case.

What is a Plea Bargain?

A plea bargain is an agreement between the prosecution and the defense where the defendant agrees to plead guilty to a criminal charge in exchange for some kind of concession from the prosecutor[1]. This usually means pleading guilty to a lesser charge or having certain charges dropped.

For example, if you were charged with a felony theft charge, your lawyer may be able to negotiate with the prosecutor to allow you to plead guilty to a misdemeanor theft charge instead. This would likely result in a much lighter sentence than if you were convicted of the felony.

Plea bargains allow both sides to avoid going to trial which can be unpredictable and involve lengthy court proceedings. Over 90% of criminal cases are resolved through plea bargaining so it is an extremely common outcome[2].

When are Plea Bargains Offered?

Plea bargains can be offered by prosecutors at any point during the criminal justice process:

• At arraignment – Some misdemeanor cases or minor offenses may get plea offers immediately at your first court appearance.
• During pretrial negotiations – Most plea negotiations occur during the weeks or months leading up to trial. Offers may improve as trial approaches.
• During or after pretrial motions – If you win certain motions challenging evidence or procedures, prosecutors may extend better plea deals to avoid weakened cases going to trial.
• After conviction at trial – In rare cases, plea bargains may be offered to defendants who have already been convicted to avoid lengthy appeals processes.

The best time to get a plea offer really depends on the individual circumstances of each case. An experienced local criminal defense lawyer will leverage their relationships with prosecutors and knowledge of local practices to secure the most favorable bargain possible.

Plea Bargaining FAQs

Here are some frequently asked questions about plea bargaining in Buffalo criminal cases:

Can the judge reject a plea bargain?

Yes, judges have the authority to reject any plea agreements that they feel are inappropriate. However, this rarely happens as long as the plea is entered knowingly and voluntarily by the defendant.

What happens if I breach the terms of my plea agreement?

If you fail to comply with the terms of your plea bargain, the agreement can be revoked and prosecutors may reinstate the original charges against you. Any breach should be discussed immediately with your lawyer.

Can I talk to the prosecutor directly about a plea bargain?

No, only your attorney can negotiate plea deals on your behalf. Any discussions should go through your lawyer, not directly with the district attorney’s office.

Are plea bargains considered convictions?

Yes, pleading guilty results in a criminal conviction even if you avoid trial through a plea deal. However, there may be advantages compared to being convicted at trial.

Can I change my mind after agreeing to a plea bargain?

While pleas can be withdrawn under limited circumstances pre-sentencing, it is very difficult to withdraw a guilty plea after formally entering one in court. There is no absolute right to withdraw a plea.

Finding the Best Plea Bargain

The outcome of plea bargain negotiations depends heavily on the skill and reputation of your criminal defense lawyer. An experienced local attorney knows the prosecutors and judges and can work to get you the best deal possible.

Look for a lawyer who will:

• Thoroughly investigate your case and identify weaknesses for leverage in bargaining
• Negotiate aggressively to get charges dropped or reduced
• Develop relationships with prosecutors to facilitate favorable bargains
• Advise you based on insight into local practices that influence plea deals
• Assess the risks and benefits of all options, including going to trial
• Guide you through the plea process to ensure your rights are protected

With an experienced criminal defense lawyer advocating for you, plea bargaining can potentially reduce the charges and penalties you are facing. But the decision of whether or not to accept a plea offer should never be taken lightly. Consult with a skilled local attorney before making this critical choice.