NY Criminal Justice Reforms See Pushback from Prosecutors, Police

This summer, Governor Andrew Cuomo signed a package of reforms into law that are set to radically alter how the criminal justice system functions throughout the state. While criminal justice advocates were pleased with the reforms that were passed, some, including several politicians and law enforcement representatives, are more critical of the reforms. Some even hope to have the reforms stopped from going into effect, which is scheduled to happen on January 1, 2020.

The criminal justice reforms include a swathe of changes to criminal procedure, including eliminating bail for most misdemeanor and non-violent felony offenses. It also changes the rules for the discovery process, meaning prosecutors will need to turn over evidence earlier than they previously had to, as well as providing contact information for witnesses to allow defense attorneys to interview or depose them. These, among others, are reforms criminal justice advocates have been demanding for many years, and their passage this year was a major victory for them.

However, the pushback against these reforms has been intense, particularly from prosecutors, law enforcement, and politicians who fear what will happen now that they can no longer hold most criminal defendants on bail unless they engage in violent behavior. Bail, after all, is a system that was designed to prevent defendants from fleeing, and with bail so severely restricted, critics fear an increase in cases of people simply fleeing rather than showing up to court. Similarly, the changes to the discovery rules will severely impact prosecutors’ ability to secure plea deals, potentially leading to backups in the system as more people bring their cases to trial instead of pleading out. Whether these fears will prove to be justified remains to be seen.

If you or someone you know has been arrested for a criminal offense, you will need legal counsel to help you preserve your rights and work to get the best possible outcome for your matter. A New York criminal defense lawyer, who is experienced in handling criminal cases of all sorts, can advise you of your legal rights and will fight for your best interests in court. If you or your loved one has been arrested, contact the Suffolk County criminal defense attorneys at McGuire, Peláez and Bennett at (631) 348-1702.