How do plea bargains work in New York criminal cases?

How Plea Bargains Work in New York Criminal Cases

If you’re facing criminal charges in New York, your attorney will likely discuss the possibility of a plea bargain with the prosecution. Over 90% of criminal cases end with plea deals rather than going to trial.

Plea bargaining can sound intimidating or confusing if you don’t understand how it works. But it’s simply a negotiation process between the defense and prosecution to resolve a case through a guilty plea in exchange for concessions.

In this article, I’ll explain everything you need to know about plea bargains in NY criminal cases – the pros and cons, the process, strategies, and what deals may be possible for different charges.

What Is a Plea Bargain?

A plea bargain (or plea agreement) is when the defendant pleads guilty to criminal charges in exchange for concessions from the prosecution, such as[1]:

• Pleading to lesser charges
• Having charges dropped
• Receiving a lighter sentence

It resolves the case without a trial. Both sides avoid the risk and uncertainty of a trial outcome. The defendant gets some benefits in exchange for admitting guilt.

Why Are Plea Bargains So Common?

Plea bargains resolve cases very efficiently – no lengthy, costly trials or appeals. Prosecutors can resolve a high volume of cases through pleas[2].

Defendants often view it as the pragmatic option to get lower charges or sentencing. Maintaining innocence is an uphill battle when facing the power of the state.

However, the prevalence of plea deals is controversial. Critics argue they lead to coerced guilty pleas and cover up police misconduct[3].

Potential Pros of Plea Bargaining

Possible advantages of plea bargaining for defendants include:

• Avoiding public trial and media attention
• Lower charges and lighter sentences
• Quick resolution so you move on with your life
• More certainty in outcome compared to trial risk
• Saves significant trial costs and attorney fees

Potential Cons of Plea Bargaining

Disadvantages of plea deals may include:

• Admitting guilt even if innocent due to pressure
• Having a permanent criminal record
• Losing certain rights like firearm ownership
• Potential immigration consequences for non-citizens
• Difficulty finding jobs or housing with a record

How Does the Plea Bargain Process Work?

The plea negotiation process in New York typically involves these key steps:

1. Prosecution makes an initial offer
2. Defense counters with a counteroffer
3. Negotiations continue until a deal is reached
4. Written plea agreement is signed
5. Judge reviews deal at plea hearing
6. Judge sentences per terms if deal is accepted

Reaching a plea deal involves back-and-forth talks between the attorneys, with the judge giving final approval.

Can the Judge Reject a Plea Deal?

Yes, judges in New York have discretion to reject a plea bargain if they feel the terms are inappropriate. The case would proceed to trial if a deal isn’t approved.

What Types of Plea Deals Are Possible?

Common concessions offered in plea negotiations may include[4]:

• Pleading to a lower degree of the original charge
• Pleading to a lesser included offense
• Having additional charges dropped
• Agreeing to a sentencing range instead of maximum
• Getting a specific prison term or probation recommendation

The options depend on the charges and strength of the case. More serious and complex cases leave more room for bargaining.

How Does Bail Impact Plea Deals?

Being detained pretrial on bail you can’t afford gives prosecutors tremendous leverage to offer a quick plea deal in exchange for release from jail.

Many disadvantaged defendants plead guilty simply to get out of jail after months awaiting trial because they can’t post bail.

Can You Negotiate With Prosecutors Directly?

No, only your criminal defense lawyer can negotiate plea deals with the prosecution. Defendants should never talk directly to prosecutors, as anything you say could be used against you.

Hire an experienced NY plea bargain lawyer to get the best deal possible. Pro se defendants typically end up with the worst outcomes.

What If You Can’t Reach a Plea Deal?

If both sides can’t agree on plea terms, then the case proceeds to trial. Plea negotiations can happen up until the jury reaches a verdict.

But most cases do end in a plea bargain since trials are risky, costly and time-consuming for both sides.

Can You Withdraw a Plea Deal?

In limited circumstances, defendants can file a motion to withdraw their guilty plea before sentencing. But after sentencing, it’s very difficult to undo a plea.

That’s why it’s critical to discuss all options thoroughly with counsel before accepting any plea offer.

The Bottom Line

The vast majority of New York criminal cases get resolved through plea bargaining. There are pros and cons to pleading guilty versus going to trial.

Carefully weigh your options with an attorney experienced in negotiating favorable NY plea deals.