The Process of Plea Bargaining In The State of New York

Interviewer: At what point or stage of someone’s case, is there going to be a plea bargaining?

Michael Kramer: I would like to define what we mean by a plea bargain. Usually a defendant charged with a criminal matter or something quasi-criminal, such as a traffic ticket, has two choices. They can fight the charges through a trial if they feel they’re not guilty, or they can engage in a plea bargain. Those are the two usual ways that these cases are resolved. Obviously you can enter a plea of guilty to the charges, but that’s not a plea bargain. So in prior interviews, we talked about trial and the consequences and cost of a trial. Now the second alternative is plea bargain. And a plea bargain is just what it says – it’s a bargain; it’s a compromise between a defendant and the prosecutor.

In a Plea Bargain, the Prosecutor Usually Offers a Reduced Charge to the Defendant

The prosecutor usually will offer a reduced charge, and the defendant will agree to accept the reduced charged, the case would then be conferenced with a judge, a judge would then come up with a proposed sentence, and if everyone is in agreement, the plea would be entered. Now to answer your question which is at what stage you enter the plea bargain? Well it depends. If a plea bargain is more or less proforma – what I mean by that is if it’s a first offense and it’s a relatively simple matter, and it’s a matter that’s very common to the courts; I’m thinking of perhaps small shoplifting cases for example, small drug possession cases – then it is possible you may be offered a plea bargain at the very first court appearance, which is an arraignment.

Michael Kramer, explains the plea bargaining process in New York.

Call for a Free, 20-min, Traffic Ticket Strategy Session (914) 454-2369.

Plea Bargains are often reached to Avoid Trial, So It Can be at Any Time during the Process

On the other hand, if it’s a bit more complicated or the district attorney wants to investigate the case, review the case, find out more about the individual defendant before him or her; then it can be at any subsequent stage – even up to the day of trial. Plea bargains are often reached to avoid trial, so it can be at any time during the process.

Interviewer: Can a plea bargain occur during the initial arraignment or the hearing after that?

Michael Kramer: It can occur at any time from your initial court appearance – which is usually an arraignment – to any subsequent court appearance.

Generally You Have to Be in Attendance During a Plea Bargain Hearing

Interviewer: If it were to happen during the initial hearing, would I have to be in attendance for that plea bargain?

Michael Kramer: With rare exceptions, yes you have to be in attendance. The judge wants to know that you’re aware of the consequences of the plea bargain, and you’re aware of the proposed sentence, and usually they like to advice you of that in person. On the rare circumstances – in very simple cases – when a defendant out of state, sometimes a plea bargain can be entered in absentia by means of an affidavit etcetera.