Sitio web en Español: 

24/7/365 Emergency Hotline: 631-348-1702

slide-image-5-group-photo-badge
slide-image-4-mcguire-pelaez-bennet-badge
previous arrow
next arrow

24/7/365 Emergency Hotline: 631-348-1702

If you have been arrested, or in case of an emergency, our attorneys can be reached 24 hours a day, 7 days a week, at 631-348-1702.

Plea Bargains: How They Work & Keeping the Prosecutor and Judge’s Perspective in Mind Throughout Negotiations

By: Christopher P. McGuire, Esq.

A criminal or traffic case typically involves the participation of a prosecutor, a defense attorney, and the judge, and each has a different legal obligation. The prosecutor’s role is to seek justice, the defense attorney’s responsibility is to zealously defend the client, and the judge’s job is to impartially administer justice. Although the American criminal justice system is adversarial, approximately 97% of federal criminal cases and 94% of state criminal cases are resolved by negotiated plea, more commonly called a “plea bargain.”

I have practiced criminal and traffic defense work for more than 20 years, and have served as a judge (12 years) and as a prosecutor (4 years). These divergent experiences have taught me that it is important to consider the perspective of the prosecutor and judge when negotiating a plea on behalf of a client.

In order to evaluate whether a case can be resolved by negotiation or should proceed to trial, one first must determine the best possible offer that can be obtained, and whether that offer is appropriate for and acceptable to your client.

Defense counsel must understand that a plea offer is usually initiated by the prosecutor [although defense counsel can also make the opening offer or present a counteroffer(s)], and only the prosecutor can reduce, amend, or dismiss charges as part of a negotiated plea. Any agreement between the litigants is subject to the court’s approval.

Defense counsel must also recognize the legal limitations on reductions (See Article 220 NYS Criminal Procedure Law) and sentencing guidelines for the particular offense(s) (See Article 70 NYS Penal Law). In understanding the dynamics of a plea bargain, and by calculating the legally permissible plea alternatives and sentencing possibilities, you can determine all of the potential negotiated outcomes. At this point, you can identify the best possible negotiated plea for your client and work to attain it. Some examples of objectives your client may have include: avoiding a felony or criminal conviction, probation, a sex offender designation, deportation, etc. Conversely, your client may wish to maintain employment eligibility or an existing job, driver’s or vocational license, residency status, good standing in the community, or minimize exposure to jail.

In many instances a prosecutor will not agree with the targeted deal you propose. In these cases, consider speaking to the bureau chief or supervisor. Show respect for your adversary by giving them notice of your intent to speak with their boss. Another option to consider if you encounter obstacles is to explore a sentence commitment from the court (in return for a plea of guilty to the entire docket); this is especially true when the charges are serious felonies where your client is seeking to minimize exposure to significant prison time.

Keep in mind when negotiating that all prosecutors and judges bring different personalities, beliefs, and experiences to a case, and all parties entering negotiations consider their position fair. Also realize that a judge or prosecutor might have unstated concerns, including whether the complainant is actively pressuring the prosecutor, if the case has received media attention, or whether the judge or prosecutor might be criticized about the outcome of the case (now or in the future if the defendant is re-arrested and charged with a similar or more serious crime). Seeing things from the other person’s vantage point provides insight into where compromise might be possible. Additionally, understanding the point of view of the other party allows you to communicate more persuasively by presenting your position in a way that is best likely to appeal to the listener. If you know the other’s concerns in advance of your conference, you can prepare your reasoning to address them head on with thoughtful arguments and appropriate supporting documentation. In addition to illustrating weaknesses in the prosecutor’s case, a defense attorney should also strive to accentuate the strengths of your client’s character and highlight any efforts your client has made towards rehabilitation.

The presentation and delivery style of your position are as important as the content, and you should forward your position in a respectful and courteous way. It is never beneficial to be antagonistic or argumentative. Such behavior is unprofessional, counterproductive, and harms the client we are duty bound to protect.

There are many cases where the best way to fight for a client is to aggressively litigate. However, since the vast majority of cases are plea bargained, an effective defense attorney must also know how to defend a client by excelling at negotiations. To be successful, you have to understand procedure, be prepared, and consider the perspective of the prosecutor and the judge before the negotiations commence.

Click here for a PDF or the original article.

Christopher P. McGuire, Esq. is a senior partner with McGuire, Peláez & Bennett, P.C., and has practiced law in the local, state, and federal courts for more than 20 years. Mr. McGuire has also served as the Patchogue Village Justice and as a Special Assistant District Attorney for the County of Suffolk. Prior to practicing law, he worked in the US Congress and State Department, and studied and taught in Beijing, China.

Reviews

Jayne Furia
Jayne Furia
1711289355
Always helpful for the tickets I’ve had, came in on a Sunday when it was closed and took on my case. Very nice lawyer (Chris) who’s respectful and great at what he does.
Super professional and helped me with my traffic ticket. Highly recommended for any issue. Thank you!
Dominic Piccolo
Dominic Piccolo
1711114725
Everyone in this law firm was outstanding. Everyone was so helpful and kind. The lady at the front desk was phenomenal. They made everything easy and simple. I will continue to come back to them if needed in the future.
Jayovani
Jayovani
1711058090
Got me no points when I was stopped apparently going 85 in a 50 by state police. I recommend Mr. McGuire for traffic court for sure.
Christine Jorge
Christine Jorge
1710953278
I recently had the pleasure of working with Chris McGuire, and I can confidently say that he exceeded all expectations. From the moment I set up a consultation with him, I was impressed by his attentiveness and genuine concern for my situation. Chris took the time to listen to all of my concerns and made me feel truly heard, which immediately put me at ease.Throughout our discussions, Chris demonstrated a remarkable level of honesty and transparency. He didn't sugarcoat anything; instead, he provided me with a thorough understanding of all possible outcomes, ensuring that I was well-informed every step of the way.I am incredibly pleased with how everything turned out, and I credit Chris for his dedication and expertise. He exemplifies what every attorney should strive to be – compassionate, knowledgeable, and committed to achieving the best possible outcome for their clients.Without hesitation, I would turn to Chris McGuire and his staff for any future legal needs. I wholeheartedly recommend their services to anyone in search of exceptional legal representation. Thank you, Chris, for your outstanding work
Linsay T
Linsay T
1710419681
They were absolutely great! My insurance didn't go through to the DMV properly so I got pulled over & the cop was a jerk. Wrote me a bunch of unnecessary tickets. I was really struggling financially as well & couldn't miss work over this, so they were so kind to work out an arrangement with me. Very thankful for this group of lawyers
Jose Sepulveda
Jose Sepulveda
1710361858
Marlene Pessoa
Marlene Pessoa
1710273650
Mr. McGuire was extremely honest with the consultation and that was well appreciated. I felt comfortable and would recommend them to anyone who would benefit from their services.
Cesar Garcia
Cesar Garcia
1710261013
Chris is an excellent lawyer. He is very kind and helpful. He helped me with my son’s traffic case. I would recommend him a million times and more.
For me, the best lawyers in Long Island, New York, have helped me resolve two cases, one related to traffic and the other in real estate. I am very pleased with McGuire Peláez & Bennett PC.
Jenrry Giron
Jenrry Giron
1709842453
They were so Kind and very helpful.
I was able to visit the office today where they attended with courtesy and they made me feel very comfortable. I am extremely grateful for their help. Whoever needs help with any situation I would recommend them! They are attentive and helpful.
d gonzo
d gonzo
1709239423
This is the most helpful law office I've ever dealt with. Through the past few years they have handled traffic citations for each of my teen boys, who are otherwise good drivers but unfortunately experienced mishaps. In every case they were responsive and effective and have saved us significant money by working with the court to reduce or eliminate penalties and points. Highly recommended.
Great help. Chris really helped me understand what needed to be done. Thank you guys!
Muy buenos abogados
Danilo Ramos
Danilo Ramos
1708189224
They are very helpful, and honest
Danny Saturne
Danny Saturne
1708181555
Absolutely professional and efficient when handling my case.
Buen abogado gracias ayudarme a remover mi multa
Marie Tossaint
Marie Tossaint
1707773192
Karen was Very helpful and kind. she's the best! I would recommend them to anyone & everyone!
Louis Merced
Louis Merced
1707518284
Trust this law firm !
Very nice, quickly assisted, great response from everyone working here.
Marvin Sanchez
Marvin Sanchez
1706717726
Mr.Bennett and his team helped me when i needed them the most. Amazing work!
marvin deleon
marvin deleon
1706294947
Very helpful firm and people. McGuire has helped me a lot! Very thankful for this firm.
Fatima Amaya
Fatima Amaya
1706113584
The best thing I could see done was to do things legally and they are excellent and super professional, their assistants are very kind and helpful. I thank them for everything and that they have resolved my case with professionalism.
Troy Brinkhuis
Troy Brinkhuis
1706111589
Just Stop It!! Stop searching the Internet for a good lawyer to handle your traffic tickets. M, P & B are the best, so look no further. No, I am not a friggin cheerleader, nor am I being compensated to write a good review. Actually, I did receive something from Mr. Bennett and his team of professionals: Great Results!! I'm just a 50 something years-old Army veteran, and a guy who busts his a$$ every day to make a modest living. I don't have the time or money for mediocre results. When it comes to lawyers, I tend to be a bit skeptical, cynical and judgemental, but M, P & B (Mr. Bennett and his team, in particular) made me a believer. Thanks again, guys and gals at McGuire, Palaez & Bennett 👍👍
Brandon Morales
Brandon Morales
1705598327
I’m very happy with the outcome of my case since all was reduced to parking tickets and a small fine. They were super helpful and the work from my end was minimal. Overall good people and kind to customers, attorney Bennet did a really good job in court.
Jaime Mendez
Jaime Mendez
1705112699
Muy profesional ala hora de trabajarGracias Mr pelaez
Excelente atención y solución eficaz, recomendado al 100%
Tereza ramirez
Tereza ramirez
1704750780
Son muy buenos ami pues me ayudaron mucho asi que con gusto volveré en el futuro digo si Dios me lo permite gracias
Debbie Gangemi
Debbie Gangemi
1704642320
Christopher was great to work with. His staff was friendly and efficient as well. Chris spent endless hours ( even while away ) on a case and worked through everything for me. We would definitely recommend his firm. Thank you again.
julio cabreja
julio cabreja
1704599802
Jhoselyn Rodas
Jhoselyn Rodas
1703350596
Mr. McGuire and his team are super helpful, understanding, and professional throughout the process. They kept me informed every step of the way, which I appreciated! I highly recommend this law firm! Thank you so much Mr. McGuire!
Pete Sweat
Pete Sweat
1703271616
I hired Brett and his team to help restore my license which was suspended/revoked for years due to points/accidents. Fairly priced… after trying to take care of it on my own (paying fines and taking classes) I hired Brett, they did everything they could even after I moved from NY to FL, everyone who I spoke to was very helpful ESPECIALLY Daslin, she told me everything I needed to do and calmed me down when I thought I’d never get my license. Well it took some time but I am officially a LICENSED DRIVER! If you are having license problems don’t hesitate to call them, you won’t regret it. They even sent me my $100 money order back that went unused after my license was restored. 5 ⭐️’s
Kathy Mai
Kathy Mai
1703088891
We are very grateful that we got Mr. McGuire to represent us for our case! Mr. McGuire is extremely helpful and professional, he stayed on top of everything for us, and most importantly he helped us to achieve the result that we wanted. Mr. McGuire always open to talk and provided his professional opinions to guide us through the whole process. And his colleague Mr. Sorell was also helpful to support us at the final meeting. I can't say enough good things about Mr. McGuire and his firm, I really appreciated everything they have done for us, thank you very much!
rcassidy1952
rcassidy1952
1702906093
McGuire and his team done an outstanding job. Highly recommend!
Walter Vespe
Walter Vespe
1702827004
Mr McGuire has been our family lawyer for over 20 years. Mr McGuire has help my family from estate concerns to handling serious charges. His experience and knowledge of the law is second to none. I would Highly recommend
Tara Maddalena
Tara Maddalena
1702747130
Amazing law firm!!! They get it done. My husband and I have used Chris McGuire for different legal issues and he has been consistently wonderful. We recommend highly to all who have legal needs.
Sandy Niehr
Sandy Niehr
1702743650
McGuire, Pelaez & Bennett are great attorney’s who really cares about their client. Their fee is reasonable when I compared to other lawyers in the area. They are very knowledgeable and professional. Was always able to reach them and communicate with them whenever I had a concern. I highly recommend this law firm. Friendly staff too.
I appreciate the great customer service as well as the big help from everyone in the office. I would highly recommend them to any of my friends and family!
Jasmin Garcia
Jasmin Garcia
1702735811
They are the best lawyers ever! Highly recommend them. Super friendly and knowledgeable.
Jonathan Reyes
Jonathan Reyes
1701275264
Excellente trabajo me ayudaron con mi Caso!!
Mario M Gomez
Mario M Gomez
1700842836
Aurelio Marin
Aurelio Marin
1700677081
Excellent work. My 8 point ticket was dismissed. Chris & Dawkins are very helpful and nice.
McGuire, Pelaez and Bennett they were professional helpful was able to go to Mr McGuire when I felt uncomfortable very attentive. Nice pens too
wilis villalta
wilis villalta
1699392873
Cometí un error y ellos me ayudaron a resolverlo
Una oficina que me redujo todos mis tickets a tickets de parqueo sin puntos
Juan Pascual
Juan Pascual
1699302661
Una oficina demasiado buena el señor Bennett es excelente y honesto
Hanford tráfico másters for me excelente
Next Reviewsjs_loader
Skip to content