Sometimes your best option when facing criminal charges is to plead guilty and accept an agreed-upon sentence. This is known as making a plea agreement, or “taking a plea.” In some cases, a plea bargain includes an agreement to plead guilty to one charge in exchange for the prosecutor dropping other charges. For the defendant, the objective of a plea bargain is to ensure as light punishment as possible.
An individual facing criminal charges may agree to a plea bargain because he or she expects a guilty verdict at trial. A prosecutor may offer a plea bargain to avoid the time and expense of going to trial. A prosecutor may propose a plea bargain involving lesser charges because a guilty verdict at trial is uncertain. In some cases, such as with a first-time offender or a juvenile, a guilty plea with a recommended sentence may be the best path to rehabilitation. Criminal defense attorney Jason Volet at The Law Office of Jason A. Volet has experience helping young people charged with juvenile offenses navigate the juvenile justice system.
Regardless of the reason, if you are facing criminal charges in Monmouth County or Middlesex County, you should have the benefit of an experienced criminal defense lawyer when considering a plea offer made by a New Jersey prosecutor.
What is a Plea Bargain?
Rather than going to trial, your case may end with what is known as a plea bargain. A plea bargain is an agreement between a defendant and the prosecution. As the defendant, you might be able to plead guilty to some or all of the charges against you in exchange for a lighter sentence or other concession by the prosecutor. Even though most criminal cases never get to trial and end in some sort of plea bargain, there are no guarantees that this will happen.
Some jurisdictions are not opposed to plea bargaining since it frees up lawyers and judges for other cases. Others are not in favor of plea bargaining since it takes away your right to a trial by jury as well as your right to confront hostile witnesses. In a plea bargain, you are not declaring that you’re innocent…you are only agreeing to what charge you’ll plead guilty. In any case, you are giving up your right against self-incrimination and cannot “plead the Fifth.”
Only you and your attorney can determine what is right in your particular case.
Should You Accept a Plea Bargain in New Jersey?
A person charged with a crime may be willing to confess their guilt for that crime if the prosecutor is willing to offer a reduced sentence. This agreement is known as a plea bargain, as a person agrees to accept penalties for their involvement in a crime while the prosecution often agrees to provide lesser charges or penalties. A plea bargain is well-suited for defendants who are willing to admit their guilt or are looking for a more definitive way to reduce the possibility of long-term jail sentences.
So, should you accept a plea bargain: In some cases, it may be wise for a defendant to accept a particularly attractive plea bargain offered by a prosecutor.
These circumstances may include the following:
- When a defendant wants to confess.
- When a defendant would rather accept a lighter sentence.
- When a plea bargain significant cuts down charges.
A knowledgeable criminal defense attorney can work with a defendant to figure out whether they should accept a prosecutor’s offers or not. In some situations, a person may not necessarily realize the full scope of the bargain without the assistance of an experienced attorney to help them.
If you have to negotiate a plea bargain, you will need the assistance of an attorney experienced with the law and with the local courts. It is often the established working relationships between defense attorneys and prosecutors that allow them to listen to each other and come to beneficial plea bargain agreements.
A defense attorney at The Law Office of Jason A. Volet can advise you about criminal charges you face in Monmouth County and Middlesex County, New Jersey, and municipal courts within those counties. Prior to his 15-plus years as a defense attorney, Jason was a former county assistant prosecutor in the Monmouth County Prosecutor’s Office.
His in-depth knowledge of the criminal justice system and experience with the type of strategic thinking employed by prosecutors provides him with invaluable insights to use in developing effective defense tactics, including the consideration of plea bargain offers when appropriate.
Jason Volet is an aggressive criminal defense attorney who fights for the rights of those accused of criminal offenses. He uses his knowledge gained as a former county prosecutor to the advantage of his clients.
When Should a Defendant Consider a Plea Bargain in New Jersey?
The Law Office of Jason A. Volet can seek to arrange a plea agreement in criminal cases involving:
- Traffic violations
- Juvenile crimes
- Drug possession
- Theft
- Assault
- Threat crimes
- Domestic violence
- White-collar offenses
- Crimes on the internet
- Others as facts and evidence allow.
A plea bargain is more likely when the case involves:
- Questionable evidence of guilt
- A first offense
- No one badly injured
- No wanton or extensive property damage
- Remorse from the defendant
- Willingness to pay restitution (as appropriate)
- No objection from the victim.
In a plea agreement, the prosecutor’s recommendation may be that the defendant receives probation, a lesser fine, a reduced jail term, or a certain maximum sentence in exchange for a guilty plea. In some instances, charges against the defendant may be downgraded or dismissed as part of a plea bargain.
Defendants entering a plea must sign a statement certifying that they understand the plea and are entering into the agreement voluntarily and without pressure from the prosecution or their own attorney. There is an additional form for sexual assault pleas, which ensures the defendant understands some of the harsher penalties for sex crimes, including registering as an offender.
Regardless of what prosecutors and criminal defense lawyers have negotiated, the presiding judge in Monmouth County Superior Court must also agree to hand down the arranged sentence.
If the judge thinks the terms of a plea bargain are too lenient, he or she can reject the plea deal and order the prosecution and defense parties to renegotiate the terms or order the case to trial. However, it is up to the prosecutor to decide what charges will be brought against a defendant.
An order from the New Jersey Attorney General’s Office provides that no plea agreements are to be made in DWI (drunk driving) cases, DWIs in school zones, and cases of refusing to submit to a sobriety test after a DWI arrest.
For certain other criminal offenses, New Jersey law prescribes minimum mandatory penalties. A judge may reject a plea agreement for such charges unless the prosecuting attorney represents that the possibility of a criminal conviction is so remote that the interests of justice require the acceptance of a plea to a lesser offense.
Am I Obligated to Accept a Plea Bargain?
Research says that more than 90 percent of criminal cases that end in convictions are decided by plea agreements. A proper plea agreement must protect the rights of the defendant and represent the best available outcome to the case for the defendant. Accepting a plea bargain must be the defendant’s choice after being advised of all the facts and options available.
New Jersey is one of the country’s leaders in emphasizing rehabilitation instead of punishment for criminal offenders and has established several diversion programs as alternatives to jail for those who qualify.
It is highly likely that a plea bargain leading to a more lenient sentence and/or lesser charges can be arranged if a guilty plea is the unavoidable outcome of a criminal case against you.
Contact an Experienced Criminal Cases and Plea Bargains Attorney in New Jersey
Contact The Law Office of Jason A. Volet for a free consultation about your case. Jason A. Volet has more than 2,000 criminal cases under his belt as a defense attorney and prosecutor. Whether handling charges involving drug crimes, violent crimes, or disorderly person offenses, he is an effective criminal defense attorney. He fights aggressively for the rights of accused clients throughout Monmouth County and Middlesex County in New Jersey.
Fill out our online contact form or call us at (732) 491-8477 for a free initial consultation. Speak to a New Jersey criminal defense lawyer at the law firm of Jason A. Volet who can arrange the best possible outcome for your case.
