Should You Plea Bargain?

IT DEPENDS:

Are you a gambler? Do you need certainty?

TRIALS ACCOUNT FOR 10% OF THE CASE

The vast majority of criminal cases and more specifically, drunk driving cases, end in some type of guilty plea being entered. Some estimates indicate that at most 10% will actually go to a trial. A trial should be a last resort and only undertaken if you have a solid defense and are willing to accept a harsher sentence should a trial go against you.

AN UNSPOKEN POLICY

The worst decision you can make, when you do not have a reasonable defense to the charge, is to go to trial for no other reason than to put the prosecutor to his burden of proof. In that case, if you are convicted, no doubt a judge will impose a harsher sentence than if you pled guilty. This is an unspoken policy. It exists. It must be considered.

WHAT A PLEA BARGAIN DOES FOR YOU

On the other hand, a plea bargain permits you to bargain not only for a lesser charge but also to bargain for the exact sentence you will receive. For example, in many situations upon a plea of guilty, a judge will commit to a sentence of “no jail time” or “no probation.” However, upon conviction, after a trial, no commitment will be given.

JUDGES PREDILECTIONS

It is my job to know, understand and explain the attitudes, prejudices and unique characteristics of the particular judge sitting in your case so you can make an informed decision. That is an extremely important consideration when choosing an attorney. An attorney must not only know the law but must also know the court system in the particular jurisdiction your case is pending. as well as the personality of the judge assigned to your case.

Practicing in Westchester and surrounding counties for over 30 years has given me a unique and personal knowledge of the local courts and their personnel.

A REAL STORY OF A PLEA BARGAIN DECISION IN A DWI CASE

It was a cold January night. Police officer saw client leaving a bar at 3 a.m. walking to his car. Client got in his car, started the engine but did not place it in gear or move the vehicle. Believing he was about to drive away, the police officer approached. After observing client in an apparent intoxicated condition, police officer placed client under arrest charging him with DWI.

“SLEEPING IT OFF”

Client insisted he had no intention of driving home or otherwise operating the vehicle. He intended to remain in his vehicle to “sleep it off.” He turned on the engine to keep warm.

DOES HE PLEAD GUILTY TO A VIOLATION OR ROLL THE DICE?

Because it was client’s first offense he was offered a plea to a lesser charge, the violation of Driving While Ability is Impaired and was permitted to obtain a conditional license, pay a fine, and avoid a criminal record.

HIS CHOICE:

Does he accept the plea bargain? Roll the dice on a jury trial. If convicted client faces criminal record, loss of license and possibility of jail time.

What would you do?

For help in evaluating your case and making such decision, contact my office at (914) 709-7161 to set up an appointment for a FREE consultation.