The Truth About Plea Bargains in New York City Criminal Cases

The Truth About Plea Bargains in New York City Criminal Cases

Plea bargains are a huge part of how our criminal justice system works today, especially in busy jurisdictions like New York City. Over 90% of criminal cases end in a plea bargain, rather than going to trial. But there are a lot of misconceptions out there about what plea bargains really are, and how they work in practice. In this article, I want to give you the real truth about plea bargains in NYC criminal cases, as someone whose seen them from the inside.

Common Types of Plea Bargains

There’s a few main ways plea bargains play out in NYC:

• Charge Bargaining – Agreeing to plead guilty to a less serious charge. Like pleading to misdemeanor assault instead of felony assault.
• Count Bargaining – Pleading guilty to only some of the counts you were charged with. Prosecutors often initially overcharge.
• Sentence Bargaining – Agreeing on a more lenient sentence recommendation, like probation instead of jail.

Often plea deals will combine these types. The possibilities are endless – it comes down to the skills of the lawyers on both sides.

Why Do Most Cases End in Plea Bargains?

There’s a few big reasons why plea bargains are so common, especially in NYC:

• New York’s mandatory minimum sentencing laws, like the Rockefeller drug laws, give prosecutors huge leverage to offer plea deals for lesser charges.
• The massive backlog of cases in NYC – over 200,000 cases pending in criminal court. Going to trial in every case would grind the system to a halt.
• Most defendants are indigent and rely on overworked public defenders. Fighting every case at trial is just not feasible.
• Juries and judges in NYC are seen as conviction prone. Many defendants feel like they won’t get a fair trial.

When you combine all these factors, most defense lawyers advise their clients to take the certainty of a plea bargain over rolling the dice at trial.

The Benefits of Plea Bargaining

Plea bargains may get a bad rap, but they offer important benefits for defendants:

• Avoiding the maximum sentence if convicted at trial
• Quick resolution provides certainty instead of awaiting trial in jail
• Saves defendants from stresses of trial and potentially testifying
• Deportation and other collateral consequences can sometimes be avoided
• Past criminal history won’t be scrutinized at trial
• Possibility of getting charges dismissed or sealed after completion of the plea terms

Many clients are happy to take a plea deal that gives them a slap on the wrist compared to the worst case scenario at trial.

The Downsides of Plea Bargaining

Of course, there’s real downsides to plea bargaining that deserve consideration:

• Innocent defendants may plead guilty just to get out of jail or avoid trial
• Due process rights like challenging evidence are waived
• Gives immense power to prosecutors
• Disparities in plea offers can reinforce racial inequalities
• Defendants give up the chance to prove their innocence at trial
• Plea convictions can still impact jobs, housing, and other opportunities

These are all reasons defense lawyers scrutinize plea offers closely, and counsel clients to move forward only if the deal is clearly in their interests.

How Plea Bargains Get Negotiated

The plea negotiation process is like a dance between defense attorneys and prosecutors. Here’s some insights into how it works:

• After arrest and arraignment, prosecutors make an initial offer based on the charges and the defendant’s criminal history.
• Defense lawyers then advocate for a better offer by presenting mitigating facts and sometimes getting charges reduced at preliminary hearings.
• If no agreement is reached initially, negotiations often continue as the case progresses, with better offers coming as trial approaches.
• Going to trial always remains an option if no satisfactory deal is offered.
• Experienced lawyers use relationships and credibility with prosecutors to get the best deals.

The art of negotiation is key to getting a plea bargain that benefits the client. The best lawyers know how to finesse and push the process to get optimal outcomes.

Why Innocent People Still Plead Guilty

One of the most tragic aspects of plea bargaining is when innocent people plead guilty. This happens more than most people realize. There’s a few key reasons why:

• Sitting in jail unable to make bail, many plead just to get out.
• Facing harsh mandatory minimums if convicted, a plea seems less risky.
• Immigrants plead to avoid deportation through a trial conviction.
• Overworked public defenders encourage pleading to close cases.
• Defendants get scared by the threat of max sentences if no plea.

The scary truth is many innocent people in NYC feel compelled to plead guilty rather than insist on their innocence and risk a trial. It’s an unfortunate consequence of how our system pressures quick plea deals.

What Should You Do If Facing Criminal Charges?

If you or a loved one is arrested and charged with a crime in New York City, here’s some key tips:

• Don’t talk to police without an attorney – anything you say can be used against you.
• Hire a defense lawyer experienced in NYC courts and plea negotiations.
• Listen to your lawyer’s advice about whether to plead or go to trial.
• Negotiate the best possible plea deal if that’s the right choice.
• Make sure you understand all the consequences before accepting any plea offer.

With an experienced criminal defense lawyer on your side, you can navigate the plea bargain system and achieve the best resolution possible. Don’t go it alone.

The Bottom Line

Plea bargains will continue dominating the criminal justice system in NYC for the foreseeable future. As a defendant, understand how the plea process works, know your rights, and get experienced legal counsel. This will allow you to make smart decisions and get the best outcome from our imperfect criminal justice system.