The Role of a Queens Criminal Lawyer in Plea Bargain Negotiations

The Role of a Queens Criminal Lawyer in Plea Bargain Negotiations

A Queens criminal lawyer plays a critical role in plea bargain negotiations for defendants facing charges in Queens County, New York. Plea bargains allow defendants to plead guilty to a lesser charge in exchange for a more lenient sentence. Over 90% of criminal cases end in a plea bargain, so having an experienced Queens criminal defense lawyer to negotiate is essential.

Investigating the Charges

A top priority for any Queens criminal attorney is to thoroughly investigate the charges and evidence. This involves obtaining police reports, analyzing forensic evidence, interviewing witnesses, visiting the crime scene, and more. The lawyer uses this investigation to identify any constitutional rights violations, illegal searches, mistaken witness identifications, or other weaknesses in the prosecution’s case.

Identifying these weaknesses allows the lawyer to negotiate with the prosecutor for reduced charges or a better plea deal. For example, if there were issues with how evidence was obtained, the lawyer can argue to get those charges dropped or reduced.

Advising the Defendant on Options

Based on the investigation and strengths of the case, the Queens criminal defense lawyer advises the client on all options, including:

• Taking the case to trial
• Pleading guilty as charged
• Attempting to get charges dismissed
• Accepting a plea bargain

The lawyer explains the risks and benefits of each option, providing guidance on the likelihood of success at trial versus the sentence exposure from a guilty plea. This advice is critical, since going to trial can result in much harsher sentences if not successful.

Negotiating with the Prosecutor

When a plea bargain is the best option, the Queens criminal attorney contacts the prosecutor to negotiate reduced charges and a lighter sentence. Factors to negotiate include:

• Getting felony charges reduced to misdemeanors
• Minimum and maximum sentencing ranges
• Serving time in jail versus probation
• Avoiding mandatory minimum sentences
• Dismissing enhancements that increase sentences

The lawyer uses weaknesses identified in the prosecution’s case to argue for these concessions, presenting mitigating evidence regarding the defendant as well. This back-and-forth negotiation with the prosecutor is key to securing the best possible plea deal.

Counseling the Defendant on the Plea Offer

Once a plea bargain offer is made by the prosecution, the Queens criminal defense attorney thoroughly explains the offer to the defendant, including:

• The reduced charges and minimum/maximum sentence exposure
• The consequences of pleading guilty, including effects on immigration or professional licensing
• What rights the defendant would waive by accepting the plea
• If the plea can later be withdrawn if the judge imposes a different sentence

Only once the defendant fully understands the plea offer and consequences of accepting do they make a decision on whether to accept. The lawyer’s advice is important, but the final choice belongs to the defendant.

Representing in Plea Hearings

If the defendant accepts a plea deal, the Queens criminal lawyer continues providing representation through the plea bargain process by:

• Preparing and filing the formal guilty plea paperwork
• Representing the defendant in court during plea colloquies
• Presenting mitigating arguments regarding sentencing
• Requesting the agreed upon sentence recommendation from the prosecutor

This involves advocating for the defendant before the judge, ensuring the terms of the negotiated plea bargain are formally accepted and followed at sentencing. The lawyer’s engagement doesn’t end until the court imposes a sentence.

Having an experienced Queens criminal attorney advising and representing a defendant through plea bargain negotiations is invaluable. The legal knowledge and negotiation skills they bring to the table can make all the difference in resolving a case as favorably as possible under the circumstances.

Resources

For more information on plea bargains in Queens criminal courts, check out the following resources:

• Plea Bargain – Wikipedia
• Queens County Criminal Court
• Overview of Plea Bargains in NY Criminal Cases

Finding an experienced criminal lawyer in Queens or the NYC area can also be done through sites like Avvo, LawInfo, and FindLaw.