Why Is Plea Bargaining Important in New York?
Plea bargaining is an essential part of the criminal justice system in New York. At Spodek Law Group, our experienced attorneys understand the critical role plea bargains play in resolving criminal cases efficiently and fairly. With over 50 years of combined experience, we've seen firsthand how effective plea negotiations can make a significant difference in the lives of our clients.
What is Plea Bargaining?
Plea bargaining is a process where the prosecution and defense negotiate an agreement in which the defendant pleads guilty to a lesser charge or receives a more lenient sentence in exchange for not going to trial. This process helps to reduce the backlog of cases in the court system and can provide benefits for both the prosecution and the defense.In New York, the vast majority of criminal cases are resolved through plea bargains. In fact, according to a recent report by the New York State Association of Criminal Defense Lawyers (NYSACDL) and the National Association of Criminal Defense Lawyers (NACDL), as of 2019, 96% of felony convictions and 99% of misdemeanor convictions in New York State were the result of guilty pleas.Benefits of Plea Bargaining for Defendants
From the defense standpoint, there are numerous benefits to agreeing to a plea bargain:- Avoiding Jail Time: The primary reason for agreeing to a plea bargain is to avoid lengthy prison time. There are significant incentives to sign a plea agreement, such as not having to go to jail or prison, not living with the stigma or trauma associated with jail time, and not separating from family and friends.
- Trading Risk for Certainty: Another key reason defendants agree to plea bargains is anxiety. If a case goes to trial, they might get acquitted or receive the maximum sentence. Most people prefer certainty over the constant anxiety of the unknown, so they sign plea agreements.
- Reduction in Charges: The most common form of plea bargain is reducing the severity of criminal charges (charge bargaining). A lesser charge, such as a misdemeanor, has fewer collateral consequences and won't have as serious an impact on future convictions, especially in "three strikes" states. Convicted defendants face restrictions in voting, housing, and employment opportunities as collateral consequences.
- Reduction in Sentencing: In addition to charge bargaining, sentence bargaining is another form of plea bargain. This involves the defendant pleading guilty to the original charge in exchange for a more lenient sentence. Prosecutors may agree to recommend a lighter sentence, such as probation instead of jail time, or a shorter prison term.
