If you have never faced any sort of criminal charges before, you might be surprised to learn that many criminal cases – possibly most of them – do not end with jury verdicts. Instead, many end with plea agreements between defendants and prosecutors.
A plea agreement is a deal worked out between these two parties in which the defendant agrees to enter a guilty plea, and the prosecutor will do something like reduce the charges or recommend a more lenient sentence to the judge. Even so, plea agreements need to be worked out on a case-by-case basis and follow certain rules for mandatory minimum sentencing rules or be approved by the judge. Also, you do not have to accept a plea agreement if you want to fight your charges in court.
Get a confidential case assessment free of charge from our New Jersey criminal defense lawyers by calling the Law Offices of John J. Zarych at (609) 616-4956.
What Are Plea Agreements in New Jersey and When Are They Available?
We often hear about criminal cases in the news. Some even make national or international headlines. While some cases play out quite dramatically in the courtroom, not all end the same way. It is common for defendants to accept plea agreements where they enter a guilty plea in exchange for reduced charges, a more lenient sentence, or something similar.
The criminal justice system is so overloaded with cases that prosecutors are often willing to reach plea agreements to lighten their caseloads. Many defendants are wary of accepting plea agreements as they do not want to plead guilty. However, you should talk to our Haddonfield, NJ criminal defense attorneys about the best defense for your case. Sometimes, accepting a plea is the best way to avoid the harshest penalties and put the case behind you.
Plea agreements are common, but they are not always available. They tend to come from prosecutors and may be offered at their discretion. If the prosecutor in your case does not want to offer a plea agreement or has been advised against doing so by their supervisors, you might have little other choice than to go to trial.
How to Negotiate a Plea Agreement in New Jersey
If you are open to a plea agreement, you do not have to accept whatever the prosecutor offers without question. Plea agreements may be negotiated, at least to an extent. Talk to your attorney about what kind of leverage you might have to secure the best agreement possible. In some cases, prosecutors are willing to reach a more favorable deal if the evidence against you is not as strong as they would like.
One way to work out a plea agreement is to try and reduce the charges. For example, suppose you are charged with aggravated assault, a very serious indictable crime. Depending on what kind of evidence the prosecutor has and the facts of the case, we might persuade them to reduce the charges to simple assault in exchange for a guilty plea. Simple assault is a much less severe charge with a far more lenient penalty.
Another possibility is that we can reach an agreement in exchange for a reduced sentence. Sentencing is imposed according to guidelines, and there might be a range that judges must work within. For example, according to N.J.S.A. § 2C:43-6(a)(2), a second-degree crime may be met with prison time ranging from as little as 5 years to as long as 10. We might work out a plea agreement where your charges are not reduced, but the prosecutor will advocate for a sentence closer to the minimum. This can be risky, as the judge has the final say and can choose to impose a higher sentence.
Limitations on Plea Agreements in New Jersey
While plea agreements can be a win-win situation for defendants and prosecutors, they are not without limits. Prosecutors cannot just make all your charges disappear under the guise of a plea bargain. They can only show so much leniency, which may vary depending on the charges and sentencing guidelines.
First, plea agreements must abide by mandatory minimum sentencing requirements. For example, if your charges come with a mandatory minimum sentence of 5 years in prison, a judge cannot sentence you to less than that. We cannot circumvent mandatory minimums using a plea agreement, as the judge still needs to do their job and set the final sentence.
Second, certain cases might be prohibited from using plea agreements. According to guidelines imposed by the New Jersey Courts, plea agreements are not permitted for DWI offenses under any circumstances. Even if you are a first-time offender with a relatively minor DWI case, prosecutors are not permitted to offer a plea agreement.
Third, some plea agreements require judge approval. For example, the judge must approve plea agreements involving a reduction in sentencing rather than a change in the charges filed by prosecutors. The judge has the final say on sentencing, and prosecutors cannot interfere with the judge’s discretion through a plea agreement.
Do I Have to Accept a Plea Agreement in New Jersey?
You do not have to accept a plea deal if you do not want to. Prosecutors sometimes urge defendants to accept plea agreements because they want to ease their caseload, but that is not your problem. If you want to plead not guilty and fight your charges in court with the help of our attorneys, you have every right to do just that
Prosecutors might offer a much more favorable plea deal if the evidence against you is weak. While this might be a tempting offer, discuss it with your lawyer first. If the evidence is too weak, you might be better off fighting the case in court, as your odds of success might be higher.
Contact Our New Jersey Criminal Defense Attorneys for Assistance
Get a confidential case assessment free of charge from our Atlantic City criminal defense lawyers by calling the Law Offices of John J. Zarych at (609) 616-4956.
