How Long Island Criminal Defense Lawyers Negotiate with Prosecutors

How Long Island Criminal Defense Lawyers Negotiate with Prosecutors

If you’ve been arrested and charged with a crime in Long Island, New York, the next steps can seem daunting. As you try to understand the criminal justice system and make decisions about your defense, you’ll likely have many questions about the role of the prosecutor and how your criminal defense lawyer negotiates on your behalf. This article provides an overview of how plea bargaining works and what strategies Long Island defense attorneys use to get favorable outcomes for their clients when negotiating with prosecutors.

The Plea Bargain Process

Basically, a plea bargain is an agreement between the defense and the prosecution where the defendant pleads guilty to a lesser charge in exchange for a more lenient sentence. According to research, over 90% of criminal cases end with a plea deal rather than going to trial. There are a few reasons for this:

• Trials are time-consuming and involve lots of preparation for both sides. Plea deals resolve cases much faster.
• Trials have an uncertain outcome. No matter how strong the evidence, a judge or jury may end up finding the defendant not guilty. A plea bargain gives both sides more control over the end result.
• Defendants typically get lighter sentences with plea bargains compared to the maximum sentence if convicted at trial.

So in most criminal cases, the prosecution and defense negotiate to try to reach a mutually acceptable plea bargain. Your Long Island criminal defense lawyer’s job is to negotiate the best deal possible for you.

The Negotiation Process

The plea bargaining process involves back-and-forth communication between the prosecutor and the defense lawyer to see if an agreement can be reached. According to research from the Bureau of Justice Statistics, negotiations may happen over email, phone calls or through informal in-person discussions at the courthouse.

Here are some things Long Island prosecutors and defense attorneys might discuss:

• The charges: The prosecutor may agree to reduce or even dismiss charges against the defendant in exchange for a guilty plea on another charge.
• Sentencing recommendations: Instead of the maximum sentence, the prosecutor may agree to recommend a lighter punishment to the judge.
• “Open” pleas: In some cases, the plea deal involves the defendant pleading guilty without any formal sentencing recommendations from the prosecutor. So the judge decides on the penalty.

Defense lawyers use different strategies to negotiate favorable plea bargains:

• Highlight weaknesses in the prosecution’s case – If the evidence or witnesses have credibility issues, the defense attorney emphasizes those to cast doubt. The prosecutor may become more open to reducing charges.
• Share information about the defendant – The defense lawyer provides background details about the defendant such as mental health issues, family circumstances, employment, etc. to try to gain empathy from the prosecutor.
• Propose alternative resolutions – Options like pretrial diversion programs, community service requirements or restitution payments could satisfy the prosecution’s interests in accountability without harsh punishment.
• Offer concessions – Defendants sometimes agree to help with the prosecution of co-defendants or provide testimony in other cases in exchange for better plea deals.

The Role of Legal Precedent

When negotiating plea bargains, Long Island prosecutors and defense lawyers rely heavily on past legal precedent and sentencing norms for similar cases. After being charged, your defense attorney will research previous relevant cases to estimate the “going rate” for plea bargain outcomes.

For example, if you were arrested for a particular misdemeanor in Nassau County that typically results in probation and community service, your lawyer would reference those precedents. Based on that, they may propose a plea deal involving a guilty plea to a violation charge and community service. Of course, each case has unique circumstances, but past legal precedents across Long Island provide guidance.

Deciding to Accept or Reject a Plea Offer

Ideally, the negotiations between your Long Island criminal defense lawyer and the prosecutor result in a fair plea offer that you can accept while avoiding harsh penalties. However, sometimes prosecutors propose unreasonable offers trying to intimidate defendants into pleading guilty on bad terms.

Your experienced local defense attorney will advise if a plea deal seems acceptable or if the risks of going to trial are low enough to fight the charges. Ultimately the choice comes down to you after your lawyer informs you about the strengths of your case, the likely trial outcomes, and weighs the benefits against the downsides of accepting the plea offer. Their guidance can give you clarity when making this major decision impacting your future.

Takeaways

The plea bargain process is complex but critical for achieving the best resolution to a criminal case short of trial. Having an assertive Long Island criminal defense lawyer who thoroughly understands local prosecutors, actively negotiates, and insists on reasonable offers is key. The top local defense attorneys have open communication with prosecutors and know which arguments or concessions could lead to reduced charges or lighter sentencing recommendations for their clients. So choosing the right legal representation makes all the difference during plea negotiations.

I hope this overview gives useful perspective on how criminal cases get resolved through plea bargaining. Every case has unique details, so you’ll want to consult with an experienced local defense attorney to discuss your options after an arrest in Long Island. Top lawyers here have in-depth knowledge of prosecutors’ tendencies and the most effective negotiation strategies to minimize penalties. Don’t hesitate to contact a respected Long Island criminal defense firm for case-specific guidance.