NJ Plea Bargains

NJ Plea Bargains

Facing criminal charges in New Jersey can be an incredibly stressful and frightening experience. Many defendants consider taking a plea bargain to avoid the risk and uncertainty of trial.

Plea bargaining is a common practice in the New Jersey criminal justice system. But it’s important to understand exactly how it works before accepting any deal.

What is a Plea Bargain?

A plea bargain (or plea agreement) is an agreement between the prosecution and defense resolving a criminal case through negotiated pleas and sentences instead of going to trial.

There are a few main types of plea bargains:

• Charge Bargain – Plead guilty to lesser charges with lower penalties
• Count Bargain – Plead guilty to fewer charges in multi-charge indictments
• Sentence Bargain – Agree to a specific sentence recommendation

In exchange for pleading guilty, defendants typically get some benefit like reduced charges, dismissed counts, or a lighter recommended sentence.

Plea Bargaining Process in NJ

Here are the main steps involved in plea bargaining in New Jersey:

1. Prosecutor makes initial offer based on charges and evidence
2. Defense attorney negotiates terms and counters if needed
3. Final written plea agreement is drafted if deal reached
4. Judge conducts plea hearing asking defendant if plea is voluntary
5. Judge accepts guilty plea and schedules sentencing

Negotiations happen informally between the attorneys outside of court. Defendants should never communicate directly with the prosecutor.

Considering a Plea Offer

There are many factors to weigh when considering accepting a plea bargain, including:

• Strength of the prosecutor’s evidence against you
• Potential penalties if convicted at trial
• Your prior criminal record and how it impacts sentencing
• Collateral consequences like immigration issues or professional license discipline
• Experiences of similar defendants in the same court

Your attorney will give you their honest assessment about the risks of going to trial versus taking a plea after reviewing the case.

Benefits of Plea Deals

Benefits of accepting a plea bargain may include:

• Certainty of outcome vs. uncertainty of trial
• Avoiding mandatory minimum sentences
• Lower fines and restitution
• Shorter probation terms
• Reduced or dismissed charges
• Lighter prison sentences

Plea deals provide more control over the outcome compared to leaving your fate in the hands of a jury.

Risks of Plea Deals

Risks or downsides of taking a plea bargain include:

• Pleading guilty and having a permanent criminal conviction
• Potential immigration consequences for non-citizens
• Impacts on professional licensing
• Loss of certain rights like voting and firearms ownership
• Mandatory minimum penalties still possible
• Limits on future expungement options

These long-term consequences should be carefully considered before accepting any plea offer.

Plea Hearing Process

If you decide to accept a plea deal, the court will hold a plea hearing where:

• The judge reviews the terms of the plea agreement
• You admit guilt and enter a formal guilty plea
• The judge asks you questions about the voluntariness of your plea
• The court accepts your guilty plea if it finds the plea is voluntary

It’s critical to answer questions honestly as lying could invalidate the plea. Your attorney will advise you ahead of time what to expect.

Withdrawing a Guilty Plea

It may be possible to withdraw your guilty plea after a plea hearing in limited circumstances, such as:

• You did not understand the plea terms or consequences
• You received ineffective assistance of counsel
• The plea agreement was breached
• Constitutional rights were violated in the plea process

But plea withdrawals are very difficult after sentencing occurs. There is no absolute right to reverse a guilty plea.

Sentencing After Plea Deals

After pleading guilty, the judge will schedule a sentencing hearing where they impose punishment within the parameters of the plea agreement. Typical sentences include:

• Fines plus mandatory penalties and assessments
• Restitution to any victims
• Probation terms and conditions
• Jail or prison time

Judges retain ultimate discretion over sentencing. The prosecution will make recommendations based on the plea deal.

Going to Trial After Plea Rejection

Defendants who reject plea offers still have the right to trial. At trial, the prosecutor has to prove guilt beyond a reasonable doubt.

Your attorney will attempt to get charges dismissed or acquitted through motions and defense arguments. As the accused, you do not have to prove innocence or testify.

If convicted at trial, however, sentencing tends to be more severe than plea deals. Consult your lawyer about the odds of success before declining any bargain.

Finding the Best Plea Lawyer

Navigating the plea process in New Jersey requires an experienced criminal defense attorney. They will:

• Negotiate the most favorable charges and sentence terms
• Assess the risks and benefits of pleading vs. trial
• Ensure you understand your rights and the plea terms
• Advocate for the lightest possible sentence

Don’t leave your future to chance. Hire a knowledgeable plea bargain lawyer to protect your rights.