What is a Plea Bargain?

In a criminal case, you always have the option of proceeding to trial, and it is the prosecutor’s burden to prove you guilty beyond a reasonable doubt.

Notwithstanding this fact, the vast majority of cases are resolved by plea bargain.  A plea bargain is a negotiated resolution of your criminal case.  If you are charged with a crime, in many cases, you will be given an opportunity to plead guilty to a lesser charge.  Many defendants choose to accept a plea deal to avoid the cost and uncertainty of proceeding to trial and to ensure a guaranteed result.

In a criminal case, you always have the option of proceeding to trial, and it is the prosecutor’s burden to prove you guilty beyond a reasonable doubt.

Notwithstanding this fact, the vast majority of cases are resolved by plea bargain.  A plea bargain is a negotiated resolution of your criminal case.  If you are charged with a crime, in many cases, you will be given an opportunity to plead guilty to a lesser charge.  Many defendants choose to accept a plea deal to avoid the cost and uncertainty of proceeding to trial and to ensure a guaranteed result.

It is important to be represented by an experienced criminal attorney because a conviction can have collateral consequences.  These consequences, among other things, can affect your immigration status, employability, and your driver’s license.

Prior to accepting a plea of guilty, the judge will usually ask several questions of the defendant on the record to ensure that: 1. the defendant’s plea is knowing and voluntary; 2. That he defendant is clear headed and understands the nature of the deal; and, 3. that the defendant is fully cognizant of the rights that are being waived in furtherance of the plea.  Waived rights include the right to a trial, the right to cross-examine and confront the prosecutor’s witnesses, to call witness, to testify (or not), and to force the prosecutor to prove your guilt beyond a reasonable doubt.

If you have been charged with a criminal offense, contact an experienced criminal defense attorney who will ensure that your rights are protected whether you are considering a plea deal or a jury trial.  Contact McGuire & Pelaez, P.C. today at (631) 348-1702.

To see a detailed article written by Christopher P. McGuire, Esq., recently published in the Suffolk Law Journal, visit www.central-islip-lawyer.com/publications/plea-bargains-new-york-central-islip-law-office.php