Plea Deals in New York Gun Cases

A defendant may enter a plea deal by pleading guilty to a less serious charge or to one of the several charges in return for the dismissal of other charges. An individual may also plead guilty to the original charge in return for a lenient sentence. If you are facing gun charges, you may want to consult with a seasoned gun lawyer who is knowledgeable about plea deals in New York gun cases. An attorney could review your case and see if a plea bargain is the right course of action for you.

Length of the Legal Process for a Gun Offense

The length of the legal process for a gun offense depends on two basic things: what the prosecutor wants to do and what the defendant wants to do. If the prosecutor views the case as not serious and makes an early favorable offer, the case will likely not last long. Alternatively, a serious case with strong evidence may also not last long because the defendant might opt to take a plea rather than prolong the case if they discover that the offer will go up the longer the case lingers. A gun case could theoretically take anywhere from a couple of days to years. If the case goes to trial, depending on the borough and how backlogged the court system and attorneys are, the case might take years in the court system before it goes to trial.

Diversionary Programs

Plea deals in New York gun cases can be made in different ways. The district attorney's offices, the U.S. Attorney's Office, and the defense bar are creative about ways to resolve cases. Sometimes it is pleading to a lesser charge or receiving a reduced amount of jail time. Other times, pleas involve community service. In New York, many courts take diversionary measures and institute different social restoration programs that a person can do in lieu of jail time to get a more favorable case result. These programs include educational training, vocational training, and anger management.

With gun charges, programs focus on socially-disruptive behaviors and therapy sessions to encourage people to follow the social norms when it comes to firearms. There are ways that people arrested for guns might avoid jail and take advantage of these programs to get a degree or get a job afterward. However, there are strict requirements that the defendant must meet to be considered for these programs because they provide such a favorable case resolution.

Criminal History Impact on Plea Deal

The type of plea an individual gets is largely determined by the nature and circumstances of their case and their criminal history. An individual probably will not be offered a favorable plea deal for the fourth time they are arrested for illegally carrying a gun. Alternatively, they likely will not get a low offer if they are found to be in illegal possession of a gun that was fired into a group of people. When it comes to plea deals in New York gun cases, a person’s criminal history has a major impact on what kind of an offer they may receive from the prosecutor.

How a New York Gun Attorney Could Help

A person cannot plea bargain if an attorney is not present. Prosecutors know that they absolutely cannot speak to a defendant who is represented by an attorney without that attorney present. Even if it was not illegal and unethical, a defendant should never be speaking to a prosecutor without their attorney present because attorneys are typically far more capable of advocating and explaining the situation in a light more favorable to the defendant. To learn more about the benefits of having a lawyer when entering plea deals in New York gun cases, call an accomplished attorney today.