PLEA BARGAINING takes place when the defendant's lawyer suggests that their client is open to entering a "guilty" plea for a reduced charge. In numerous instances, such as DUI, DWI, and speeding offenses, the prosecution is inclined to accept a plea bargain instead of subjecting the state to the costs associated with a trial. It is widely known that the judicial system faces a larger caseload than it was initially designed to handle. Our correctional facilities are operating at maximum capacity, among other challenges. Consequently, courts have deemed it wise to allow defendants to engage in plea negotiations. A plea bargain in New York refers to a special agreement reached between the prosecution and the defense to expedite the resolution of a case. It allows the prosecution to secure a guilty plea on a case that might otherwise go to trial, while providing the defendant with the opportunity to accept a reduced charge in order to avoid a potentially harsher penalty if convicted by a jury.
DIFFERENT FORMS OF A PLEA BARGAIN Plea bargains can take different forms, such as charge bargains and sentence bargains. A charge bargain permits the defendant to plead guilty to a lesser offense or to a reduced number of charges compared to those initially brought against them. For instance, an example of a plea bargain could involve a defendant initially charged with murder accepting a plea deal for a manslaughter offense.
The other type of plea bargaining is known as sentence bargaining. This occurs when the prosecution informs the defendant in advance about the anticipated sentence they would receive if they plead guilty to the charges they are facing. Sentence bargaining is typically employed in cases where the defendant is confronted with severe charges and is likely to receive the maximum sentence if convicted. It is important to note that any sentence bargains must be approved by the judge, and many jurisdictions impose strict limitations on such arrangements.
Sentence bargaining is commonly employed in high-profile cases where the media has the potential to influence public opinion, thereby creating challenges for re-election. In situations where the prosecution faces resistance in reducing charges against the defendant due to public pressure, sentence bargaining is utilized as an alternative approach.
A SKILLED CRIMINAL DEFENSE ATTORNEY CAN ACCESS THE SUITABILITY OF A PLEA
A plea bargain serves as a contractual agreement between the prosecution and the defendant, outlining specific obligations for each party. Should the defendant fail to fulfill their part of the agreement, the prosecution has the right to rescind the contract. Conversely, if the prosecutor fails to fulfill their obligations, the defendant can seek to invalidate the agreement or even obtain a court order compelling the prosecutor to honor the contract. This situation arises when the prosecutorial team agrees not to bring additional charges against the defendant in exchange for a guilty plea on existing charges.
When accepting a plea bargain, it is crucial for both the prosecution and the defense to ensure that the terms of the agreement are accurately documented and recorded. In certain cases, the plea deal may be put into writing and signed by both parties, without necessarily reciting the entire agreement in open court, which is considered acceptable.
During the sentencing phase, the judge will inquire whether there are any additional promises made to the defendant beyond what is stated in the plea agreement. If the defendant has been assured of a different agreement than what is presented in court and fails to raise this issue, they may be left without any legal recourse.
Therefore, it is imperative for the defendant and their attorney to meticulously review plea agreements, leaving no stone unturned. Careful examination and understanding of the terms and implications of the plea bargain are of utmost importance.