40-c Plea Bargaining Agreements [details]

• Library: A Jailhouse Lawyer's Manual (2020 Edition)

40-C. Plea Bargaining Agreements [Details]

There is no constitutional right to plea bargain. Therefore, the prosecutor has no obligation to negotiate with you for a reduced sentence.⁵⁰ If you wish to plead guilty, the prosecutor might require that you plead guilty to all of the charges against you. If the prosecutor has not consented (agreed) to a plea, the court can only accept a guilty plea to the entire indictment (all the charges brought against you initially).⁵¹ The prosecutor also has the discretion to decide what plea bargain to offer you, as long as the offer complies with the law.⁵² In New York, state statutes limit the kinds of plea bargains that prosecutors can offer you. They cannot offer a lower sentence than is required for the type of charge, or for a person who has committed multiple felonies.⁵³ The prosecutor can require certain terms and conditions before agreeing to a plea...