Common Misconceptions Regarding Plea Bargaining in New York

Interviewer: What are some of the common misconceptions that people have about plea bargain?

Michael Kramer: The only misconception I can think of is that a person thinks he is not going to have a criminal record. That is only true under certain circumstances depending on the nature of the plea bargain. Each case depends upon the facts of the particular case and the background and prior record of the individual defendant. Personally, I have been able to obtain plea bargains to lesser charges that do not result in a criminal record and involve only the payment of a fine.

A Plea Bargain Usually Results in a Sealing of Records if it’s a Non-Criminal Offense

Interviewer: Can a plea bargain help someone expunge or seal their case?

Michael Kramer: A seal order-yes; expungement-no. In New York there is no expungement. Sealing the case occurs if a disposition – if a conclusion to a case – is statutorily favorable to a defendant. So the plea bargain, if it’s to a non-criminal offense, usually results in a sealing or a partial sealing.

It is Hard to Obtain a Favorable Plea Bargain for High Publicity Cases and for Instances of Serious Violence

Interviewer: Are there any sorts of cases where plea bargains will not be ever allowed or there’s a case where there’s no plea bargain available?

Michael Kramer: Well high publicity cases usually put a lot of pressure on the district attorneys’ office not to go for a plea bargain. Cases where there are serious physical injuries, incapacitation, or death, are the hardest ones to obtain favorable plea bargains on.

The Basic Purpose of The Plea Bargain is to Avoid the Risk of Going to Trial

Interviewer: As a defendant, could I avoid the time and cost of defending myself at a trial, along with the risk of harsher punishment by taking a plea bargain?

Michael Kramer: Yes certainly – that’s the whole purpose of a plea bargain; to avoid the roll of the dice on the uncertainty of a trial. If you’re convicted of the initial charge, you have no agreement from a judge with regards to the sentence imposed, so the judge can impose any sentence. Usually judges impose a harsher sentence if you lose after trial, especially after a jury’s determined you’re guilty and after you have taken the time and the expense of the court process to have a trial; A judge is going to be much harsher on you than they would if you resolve a case by a plea bargain, thus saving the court all that time and expense.

Time frame of Negotiations for a Plea Bargain in New York

Interviewer: Is it going to be some sort of negotiation that occurs when there’s a plea bargain. How long can that negotiation take?

Michael Kramer: Well there’s no set time, but obviously it can take the whole length of the case. As I said earlier, it can be anywhere from the initial arraignment to the day of trial. If it’s the day of trial, obviously negotiations have taken place at various stages throughout the pre-trial proceedings and for some reason or another, were rejected. And then on the eve of trial a prosecutor could finally discover he has problems with his case that he wasn’t aware of previously; problems with witnesses that he or she wasn’t aware of previously; and respond with the type of plea bargain that perhaps you were seeking all along.