Do Plea Bargains Save Time and Money in New York?

Plea bargaining is a common practice in New York's criminal justice system that allows defendants to plead guilty to reduced charges in exchange for a lighter sentence. But do these deals actually save time and money compared to taking cases to trial? At Spodek Law Group, we've handled countless plea negotiations and can provide insight into the pros and cons of this controversial practice.

What Are Plea Bargains and How Do They Work?

Before diving into the time and cost implications, let's review the basics of how plea bargaining works in New York:A plea bargain is an agreement between the prosecution and defense where the defendant agrees to plead guilty to some or all of the charges in exchange for concessions from the prosecutor. These concessions typically involve:

• Reducing the charges to a less serious offense
• Dropping some of the charges
• Recommending a lighter sentence to the judge

For example, a defendant charged with felony assault may be offered a deal to plead guilty to misdemeanor assault in exchange for probation instead of jail time.The vast majority of criminal cases in New York - over 95% by some estimates - are resolved through plea bargains rather than going to trial. Prosecutors, defense attorneys, and judges all play a role in negotiating and approving these agreements.

Do Plea Bargains Actually Save Time?

One of the main arguments in favor of plea bargaining is that it allows cases to be resolved much faster than going through a full trial. But how much time do pleas really save? Let's break it down:

Time Saved in Court Proceedings

A typical criminal trial in New York can last anywhere from a few days to several weeks or even months for complex cases. This involves:

• Jury selection (1-3 days)
• Opening statements (1 day)
• Presentation of evidence and witness testimony (3-10 days on average)
• Closing arguments (1 day)
• Jury deliberations (1-3 days)

In contrast, a plea hearing usually takes less than an hour. The defendant simply enters their guilty plea and the judge reviews the terms of the agreement before issuing a sentence.So in terms of actual court time, plea bargains can save anywhere from several days to several months compared to a trial.

Time Saved in Case Preparation

The time savings extend far beyond just the courtroom proceedings. Preparing for a trial is an intensive process that typically involves:

• Reviewing all evidence and discovery materials (can take weeks or months)
• Interviewing and preparing witnesses
• Filing pre-trial motions
• Developing trial strategy and arguments
• Jury selection preparation

With a plea deal, much of this intensive preparation can be avoided. While we still thoroughly review the evidence to advise our clients, the level of preparation is significantly reduced.

Overall Time from Arrest to Resolution

To get a full picture of the time savings, we need to look at the entire timeline from arrest to case resolution: As you can see, plea bargains can dramatically shorten the overall timeline of a criminal case - often resolving in a matter of weeks or months rather than a year or more for a trial.

Time Savings for All Parties

It's not just defendants who save time with plea bargains. Prosecutors, judges, court staff, and even victims avoid spending days or weeks in court for a trial. This allows the justice system to process a much higher volume of cases.

Do Plea Bargains Save Money?

The time savings from plea bargaining translate into significant cost savings as well. Let's look at how pleas impact the financial side of criminal cases:

Reduced Court Costs

Trials are extremely expensive for the court system. Costs include:

• Juror payments and expenses
• Court reporter fees
• Bailiff and security costs
• Judge and staff time
• Courtroom operating expenses

A 2016 study estimated the average cost of a felony jury trial in New York at over $17,000 per day. For a 5-day trial, that's $85,000 in court costs alone.In contrast, a plea hearing may only cost a few hundred dollars in staff time and expenses.

Lower Defense Attorney Fees

At Spodek Law Group, we work hard to provide cost-effective representation for our clients. But the reality is that preparing for and conducting a trial requires far more attorney hours than negotiating a plea deal.A typical felony trial may require 100-200+ hours of attorney time for:

• Evidence review
• Legal research
• Motion drafting
• Witness preparation
• Trial strategy
• In-court time

Plea negotiations generally require 10-30 hours of attorney time. So defendants can potentially save tens of thousands of dollars in legal fees by accepting a plea rather than going to trial.

Prosecution Resource Savings

Prosecutors' offices also save significant resources through plea bargaining. Preparing cases for trial requires extensive staff time from attorneys, paralegals, and investigators. Pleas allow them to resolve cases with minimal preparation and court time.This enables prosecutors to handle a much higher caseload. Without plea bargaining, the system would likely grind to a halt under the burden of taking every case to trial.

Incarceration Cost Savings

Perhaps the biggest area of cost savings comes from reduced incarceration time. Plea bargains often result in shorter sentences than defendants would face if convicted at trial.With the average cost of incarceration in New York prisons at over $60,000 per inmate per year, even small sentence reductions add up to major savings for taxpayers.For example, if a defendant facing 5 years for robbery accepts a plea deal for 2 years instead, that's a savings of $180,000 in incarceration costs.

Potential Drawbacks of Plea Bargaining

While the time and cost savings of plea bargains are significant, there are some potential downsides to consider as well:

Risk of Wrongful Convictions

Critics argue that the pressure to accept plea deals can lead innocent defendants to plead guilty to crimes they didn't commit. The threat of harsh sentences after trial may coerce people into taking pleas even if they have a viable defense.

Lack of Transparency

Unlike trials which are conducted in open court, plea negotiations happen behind closed doors. This limits public scrutiny of the process.

Uneven Bargaining Power

Prosecutors hold most of the cards in plea negotiations. Defendants who can't afford bail or quality legal representation may feel they have no choice but to accept unfavorable deals.

Potential for Abuse

In some cases, prosecutors may overcharge defendants to pressure them into pleas. Or they may withhold exculpatory evidence that could help the defense at trial.

Loss of Constitutional Rights

By pleading guilty, defendants waive important rights like the right to a jury trial and to confront witnesses against them.

Is Plea Bargaining Worth the Trade-Offs?

So given the pros and cons, is the widespread use of plea bargaining in New York worth it? There's no easy answer, but here are some key points to consider:

• The sheer volume of criminal cases makes it impractical to take every case to trial. Pleas allow the system to function.
• Many defendants benefit from reduced charges and lighter sentences through pleas.
• The time and cost savings are substantial for all parties involved.
• Safeguards like judicial review of plea deals help protect defendants' rights.
• Reforms like open file discovery can help level the playing field in negotiations.

Ultimately, plea bargaining is likely here to stay as a necessary part of our criminal justice system. But continued scrutiny and reform efforts are needed to address the potential pitfalls.

How We Can Help with Your Criminal Case

If you're facing criminal charges in New York, the decision of whether to accept a plea bargain or fight the case at trial is one of the most important choices you'll make. At Spodek Law Group, we have extensive experience negotiating favorable plea deals and taking cases to trial when necessary.Our approach is to thoroughly investigate every case, identify all possible defenses, and advise our clients on the pros and cons of their options. We'll fight aggressively to get charges reduced or dismissed whenever possible. But if a plea deal is in our client's best interest, we'll negotiate forcefully to get the most favorable terms.Some key ways we assist clients with plea bargains include:

• Carefully reviewing all evidence to identify weaknesses in the prosecution's case
• Investigating to uncover exculpatory evidence that could lead to dismissal
• Filing strategic motions to suppress evidence or dismiss charges
• Negotiating with prosecutors to reduce charges and minimize penalties
• Advising clients on collateral consequences of pleas (immigration, professional licenses, etc.)
• Ensuring all plea terms are clearly spelled out and enforceable
• Advocating for alternatives to incarceration like treatment programs when appropriate

Whether you're considering a plea or want to take your case to trial, we're here to protect your rights and fight for the best possible outcome. Contact us today at 212-300-5196 for a free consultation on your case. With our experience and dedication, we'll help you navigate this difficult process and work toward a favorable resolution.