Plea Bargaining in New York
New York City police officers arrest more than one hundred thousand people every year for charges ranging from non-criminal violations of the New York City Administrative Code to violent felonies including murder.
When the average person hears about an arrest and a criminal prosecution, they normally think of the classic image of a defendant in a courtroom, facing the testimony of witnesses and evidence, with a jury intently weighing their fate.
The reality is far removed from this image.
Fewer than 6% of criminal cases ultimately proceed to trial and even fewer proceed to trial before a jury made up of 6 or 12 members of the community.
So what happens to the other 94% of criminal cases? Some cases are dismissed for lack of evidence or for some other technical reason.
But, the bulk of criminal cases are resolved by guilty pleas.
This article focuses on plea bargaining in New York City Criminal Courts which handle all misdemeanor and violation criminal cases and in the Supreme Courts which handle Felony cases.
New York City Criminal and Supreme Courts have become bastions for plea bargaining.
The police arrest more people than the District Attorneys have manpower enough to bring to trial.
The Courts could not possibly handle trying every criminal case, they have neither the resources nor personnel to handle such a daunting task.
Plea bargaining should never mean that an innocent person pleads guilty.
However, if there is a strong likelihood one would be convicted of a crime after trial it would usually be in that person's best interest to resolve their case with a plea that gives certainty as to the outcome of the case.
Criminal defense lawyers view plea bargaining to achieve certain goals on behalf of their clients: obtaining a more favorable disposition to less serious charges, insuring a more favorable sentence, and in Criminal Court many times, avoiding a criminal conviction.
In order to induce a criminal defendant to enter into a plea bargain, District Attorneys will many times offers to plead guilty to less serious charges.
In misdemeanor cases where most cases carry a potential sentence of one year in jail, a plea bargain might insure a sentence of less jail time or no jail time.
These can certainly be motivations for people to strongly consider plea bargains.
In Supreme where sentences range from no jail to life imprisonment, the stakes are particularly high.
Criminal Defense Lawyers know that the best way to insure a favorable plea offer is to thoroughly investigate and learn about the case.
They should obtain every police report and other piece of discovery material so that when they negotiate with the District Attorney, they will know the weaknesses in the prosecution's case.
Defense counsel will know what a case is "worth" when it comes to a plea bargain.
Of course every person arrested in charged has the absolute right to proceed to trial, however they also have the right to consult with experienced counsel to know what the risks and benefits of going to trial as opposed to entering into a plea bargain.
When the average person hears about an arrest and a criminal prosecution, they normally think of the classic image of a defendant in a courtroom, facing the testimony of witnesses and evidence, with a jury intently weighing their fate.
The reality is far removed from this image.
Fewer than 6% of criminal cases ultimately proceed to trial and even fewer proceed to trial before a jury made up of 6 or 12 members of the community.
So what happens to the other 94% of criminal cases? Some cases are dismissed for lack of evidence or for some other technical reason.
But, the bulk of criminal cases are resolved by guilty pleas.
This article focuses on plea bargaining in New York City Criminal Courts which handle all misdemeanor and violation criminal cases and in the Supreme Courts which handle Felony cases.
New York City Criminal and Supreme Courts have become bastions for plea bargaining.
The police arrest more people than the District Attorneys have manpower enough to bring to trial.
The Courts could not possibly handle trying every criminal case, they have neither the resources nor personnel to handle such a daunting task.
Plea bargaining should never mean that an innocent person pleads guilty.
However, if there is a strong likelihood one would be convicted of a crime after trial it would usually be in that person's best interest to resolve their case with a plea that gives certainty as to the outcome of the case.
Criminal defense lawyers view plea bargaining to achieve certain goals on behalf of their clients: obtaining a more favorable disposition to less serious charges, insuring a more favorable sentence, and in Criminal Court many times, avoiding a criminal conviction.
In order to induce a criminal defendant to enter into a plea bargain, District Attorneys will many times offers to plead guilty to less serious charges.
In misdemeanor cases where most cases carry a potential sentence of one year in jail, a plea bargain might insure a sentence of less jail time or no jail time.
These can certainly be motivations for people to strongly consider plea bargains.
In Supreme where sentences range from no jail to life imprisonment, the stakes are particularly high.
Criminal Defense Lawyers know that the best way to insure a favorable plea offer is to thoroughly investigate and learn about the case.
They should obtain every police report and other piece of discovery material so that when they negotiate with the District Attorney, they will know the weaknesses in the prosecution's case.
Defense counsel will know what a case is "worth" when it comes to a plea bargain.
Of course every person arrested in charged has the absolute right to proceed to trial, however they also have the right to consult with experienced counsel to know what the risks and benefits of going to trial as opposed to entering into a plea bargain.