How a Plea Deal Works in NYC Criminal Cases?

The moment you’re charged with a crime in New York City, the clock begins ticking on a complex series of legal actions. While television dramas tend to focus on high-stakes trials and dramatic jury verdicts, the reality of the New York legal system is more practical. If you’re facing charges today, it can help you to learn how a plea deal works in NYC criminal cases.

A skilled criminal defense lawyer can help you gain a clear understanding of what a plea deal is and why it may apply to your situation. Look no further than Greco Neyland, PC.

Why Work With Greco Neyland, PC

When you hire a criminal defense lawyer from Greco Neyland, PC, you are putting your case in the hands of a legal team that understands the specific tendencies of NYC’s district attorneys. Our attorneys have experience as prosecutors and know how cases are handled in the criminal court and the New York Supreme Court.

At our office, we take the time to investigate your circumstances. Being thorough helps us keep you from getting coerced into an unfair plea agreement and build a strong defense for you that focuses on fairness.

The Reality of NYC Plea Bargains

A plea deal, or plea bargain, is basically a contract. The defendant agrees to plead guilty to a specific charge, often a lesser one than the original arrest charge. In exchange, they receive a guaranteed, more lenient sentence or the dismissal of other counts.

The sheer volume of cases moving through NYC’s criminal court system shows why plea deals are so prevalent. Pretrial data for the city reveal that there were approximately 191,106 prosecuted criminal cases in the last year.

The pressure on the court system to resolve these cases efficiently is immense. Historical and current trends indicate that in the State of New York, 96% of felony convictions and nearly 99% of misdemeanor convictions are the result of guilty pleas rather than trial verdicts.

This “plea-heavy” system is designed for speed. However, it often puts defendants in a position where they have to choose between a sure thing plea and the risk of a significantly harsher sentence if they go to trial and lose.

Common Methods of Striking a Plea Deal

A plea deal can be initiated at almost any point after the arrest, from the initial arraignment to the morning of the trial.

• The Investigation and Discovery: Before a meaningful plea can be discussed, your NYC criminal defense attorney must review the evidence. Under CPL 245, prosecutors are required to share discovery, police reports, bodycam footage, and witness statements early in the process.
• Negotiation: Here, your lawyer and the assistant district attorney engage in back-and-forth negotiations. If you are a first-time offender in Brooklyn or Queens, your lawyer might push for an Adjournment in Contemplation of Dismissal, where the case is essentially frozen and eventually dismissed if you stay out of trouble.
• The Allocution: If an agreement is reached, you must go before a judge. You will be required to admit, on the record, that you committed the acts of the crime. The judge must ensure your plea is voluntary and that you understand you are waiving your right to a trial.

Why You Must Hire a Criminal Defense Lawyer

A plea deal is not just about the length of a sentence. It’s about the “collateral consequences” that follow. A poorly negotiated plea can lead to deportation for non-citizens, the loss of professional licenses in nursing or teaching, or eviction from NYC public housing.

A skilled NYC criminal defense attorney knows how to evaluate the “trial penalty.” This is the reality that prosecutors often offer a very lenient deal, such as probation, to avoid a trial. Still, they may seek the maximum prison time if you force them to prove the case. Without a lawyer to weigh these risks accurately, you could make a decision that costs you years of your life.

FAQs

What Percent of Criminal Cases End With a Plea Bargain in New York?

A significant percentage of criminal cases end with a plea bargain in New York. This is highlighted by a report that concluded that New York is a state that has trial rates of less than 3%. According to data, 98% of criminal cases in U.S. federal courts end in a plea bargain in any given year.

Is It Better to Accept a Plea Deal or Go to Trial in New York?

Whether it is better to accept a plea deal or go to trial in New York depends on the circumstances of the case. If the prosecution’s evidence is weak or was obtained illegally, going to trial or trying to get the evidence suppressed may be a better option. However, if the evidence against you is valid, a plea deal can sometimes be the only way to secure a limit on your sentence.

How Long Does a Defendant Have to Take a Plea Deal?

How long a defendant has to take a plea deal is typically determined by the court’s calendar and the district attorney’s internal policies. Prosecutors often issue “arraignment-only” offers to encourage early resolution. As time moves and the case goes into the hearings or trial phase, the plea may go up. So, the offered sentence likely becomes harsher.

Is It Worth It to Plead Not Guilty in New York?

It can be worth it to plead not guilty in New York, depending on your case. Pleading not guilty at your arraignment gives your criminal defense attorney the time they need to see the evidence and negotiate from a position of strength. In general, pleading guilty immediately without even seeing the discovery is almost never advised.

Avoid Unfair Bargains Today

Navigating a criminal defense case in New York City is a high-stakes endeavor. Suppose you face a misdemeanor in the Kew Gardens Courthouse on Queens Boulevard in Kew Gardens or a felony in the New York Criminal Court on 100 Centre Street in Manhattan. Either way, the outcome can depend on the negotiation phase.

By having a dedicated advocate to handle the complexities of your plea, you’re doing more than just resolving a case. You’re protecting your future. If you’re currently facing charges, don’t try to go through the plea process alone. Contact Greco Neyland, PC, today to discuss your options.