Law Offices of Jason Bassett, P.C.

Criminal Plea Bargains in NY

In the vast majority of cases, defendants enter guilty pleas, which can be especially relevant for first-time offenders. The reasons for this are numerous. For one, it is easier for prosecutors to get convictions if they do not go to trial, and this efficiency often leads to plea deals for first time offenders. This is because the burden of proof in a criminal case rests on the state, while the defendant must present his or her own evidence at trial, a situation that first-time offenders may find challenging. Going to trial can also be very expensive and time-consuming, which can be particularly concerning for first-time offenders who may not have the resources or experience for a protracted legal battle.

Moreover, a criminal conviction can affect a person’s ability to keep or obtain employment, a concern that holds true for first-time offenders as well, making plea deals for first time offenders an important consideration. It can also compel professional licensing boards to take disciplinary action and may trigger deportation hearings for immigrants in New York, a situation that first-time offenders with immigration status may be especially concerned about. Those are just a few of the many issues that come with any criminal conviction, regardless of whether it is a misdemeanor or felony, and these concerns may be heightened for first-time offenders seeking leniency through plea deals.

While a conviction can have major negative consequences, it isn’t always the worst thing that can happen, especially for first-time offenders. In fact, a criminal defense attorney can often convince the prosecutor to offer favorable plea deals for first time offenders in exchange for a guilty plea, a potential lifeline for first-time offenders facing legal consequences. This could mean that the defendant would be sentenced to a lower term than what he or she might receive had they been convicted at trial, potentially reducing the negative impact on first-time offenders seeking leniency through plea deals.

Regardless of the type of charges that have been filed, it is a good idea for anyone who is considering pleading guilty to consult an experienced criminal defense lawyer about the pros and cons of entering a plea bargain, particularly for first-time offenders seeking potential benefits. The attorney can help to ensure that the terms of the plea bargain are fair and that the defendant is not sacrificing any important rights, an essential consideration for first-time offenders aiming to navigate plea deals for first time offenders to their advantage.

A criminal defense lawyer can also assess the strength of the prosecution’s evidence, advise about the potential for a successful motion to dismiss or acquittal, and make recommendations about negotiating the best possible plea agreement for first-time offenders. The attorney will also be able to explain how any plea deal will impact the client’s criminal record and the potential for any collateral consequences, which is particularly important for first-time offenders who want to understand the long-term implications of their decision.

There are two types of plea bargains in the State of New York, including a count bargain, which involves agreeing to plead guilty to only some of the counts that were originally charged, a consideration that may be especially relevant for first-time offenders seeking to reduce the severity of their charges. The other type of plea bargain is a sentence bargain, where the parties agree on a range of punishments that will be available to the judge at sentencing, potentially offering more favorable outcomes for first-time offenders looking to navigate plea deals.

Despite their disadvantages, plea bargains are the norm in our criminal justice system, often pursued by first-time offenders facing legal consequences. This is mostly because mandatory minimums and massive backlogs of pending cases force prosecutors to use their leverage to offer plea bargains for lesser charges in order to close the case without risking the case going to trial and clogging the system, a situation that first-time offenders may find themselves caught up in.

As a result, many people who are not guilty feel compelled to plead guilty, which can be especially troubling for first-time offenders. They might be unable to afford bail and face harsh minimum sentences, or they might be worried about losing their jobs if they are convicted at trial, concerns that may be particularly relevant for first-time offenders who want to avoid long-term consequences. They might be pressured by overworked public defenders to take a plea or face the risk of being found guilty at trial, even when they are innocent, a situation that first-time offenders should be aware of when considering plea deals for first time offenders. 

First-Time Offender Court Resolutions in NY

An experienced lawyer can file motions to dismiss, get evidence excluded, or reduce your charges. They can also assist with alternative sentencing programs like community service, restitution, and drug or alcohol treatment, especially beneficial for first-time offenders facing legal consequences. Additionally, they can negotiate plea deals for first time offenders to help minimize the impact of the charges.

After an arrest, police send the case information to the District Attorney’s office for review, a crucial step in the legal process, especially important for first-time offenders. The DA will decide whether to charge the suspect and, if so, which charges. A suspect is then notified of the charges and given a court date for an arraignment. At the arraignment, the judge will read the charges and explain defendant's rights, including those relevant to first-time offenders. These include the right to a trial and a free lawyer if they can’t afford one. During this process, the potential for plea deals for first time offenders may also be discussed as an option to consider.

During the arraignment process, the defendant can plead guilty or not guilty to the charges. Before a defendant enters a plea, the defense and prosecution may agree to settle the case without going to trial, which is called Plea Bargaining, an option that can be particularly advantageous for first-time offenders. The defendant can also choose to have a trial before a jury. A trial is an opportunity for the defendant to testify and present proof. The defense can cross-examine witnesses and present other evidence in support of the defendant’s innocence, a consideration that may be especially relevant for first-time offenders. Exploring plea deals for first time offenders during this stage of the legal process can be a valuable strategy to consider.


If a judge believes there is probable cause that you committed a violent felony, you will be required to pay cash bail or stay in jail until your trial date. However, in virtually all other cases involving misdemeanors and nonviolent felonies, the judge may release you on your own recognizance. In these “bail eligible” cases, the judge will set conditions, such as restrictions on travel or supervision by a pretrial services agency, to ensure your return to court, an aspect that can be vital for first-time offenders seeking to understand their legal options, including plea deals for first time offenders.

A judge can also order you to serve a term of probation on a conviction for certain crimes, such as a misdemeanor driving while intoxicated (DWI). In these situations, the judge will set terms, such as regular reporting to the probation officer and not changing jobs or leaving the county. You must obey all probation terms and not commit any other crimes, or the judge can revoke your probation and put you back in jail, a situation that first-time offenders should be aware of when considering their legal options, including the potential for plea deals for first time offenders.

In some cases, such as for petit larceny, criminal mischief, and other first offenses, the judge may offer you an Adjournment in Contemplation of Dismissal (ACD), a potential lifeline for first-time offenders. This postpones or "adjourns" the case to a later date and requires that you meet certain requirements, including undergoing drug and alcohol testing and participating in an ACD program. You must comply with all conditions of an ACD or the case will be reactivated for prosecution. Whether you are on ACD or not, your attorney should tell the judge immediately if you have a mental health problem or addiction issues. Your attorney can then recommend appropriate specialized ATI programs for you to participate in, a crucial consideration for first-time offenders. 

Plea Deals for New York First Offenses

Prosecutors usually want to settle criminal cases as quickly and efficiently as possible. For many defendants, including those facing their first offense, a plea bargain represents the best option for resolving their case. It also allows the defendant to avoid a potentially lengthy jail sentence or a harsher conviction that could impact their career and family life. Plea deals for first time offenders often offer a more lenient outcome compared to going to trial, making them a significant aspect of the criminal justice system.

However, the process of negotiating a plea deal is complex and requires the attention of an experienced New York criminal defense attorney. If a defendant goes into the process without counsel, they may be pressured to accept a bad plea offer or they may overlook a good one. They may also make a poor decision that will have long-term consequences that they later regret. Understanding the nuances of plea deals for first time offenders is crucial in these situations.

The prosecutor’s motivation for offering a plea deal depends on various factors, such as the strength of the evidence against the defendant and the possibility of getting a guilty verdict at trial. For example, the evidence against a person accused of a drug possession charge might not be strong enough to win a conviction. However, that same evidence might be sufficient to get a conviction for an armed robbery or murder charge. In such cases, plea deals for first time offenders can significantly reduce the severity of the charges and offer a more manageable outcome.

A judge will review the plea agreement before it is approved and accepted by the court. During this review, the judge will ensure that the defendant understands the terms of the plea and is knowingly waiving their rights by agreeing to it. The judge will also make sure that the recommended sentence satisfies the guidelines of New York Penal Law. This is a crucial stage where plea deals for first time offenders are carefully examined for fairness and appropriateness.

The majority of criminal cases end in plea deals. This is largely because trials are risky for both sides, costly, and time-consuming. Prosecutors want to resolve their cases quickly and efficiently, so they will often offer a plea deal in exchange for a guilty plea. The prevalence of plea deals for first time offenders reflects this trend and underscores the importance of an effective defense strategy.

A good criminal defense lawyer will carefully assess the prosecution’s evidence, any valid defense strategies that might be available, and the defendant’s background to determine what sort of plea bargain would be acceptable. The defense attorney will then work with the prosecution to negotiate an agreement that is fair, reasonable, and complies with legal standards. For first time offenders, plea deals are often tailored to reflect their lack of criminal history and can be a pivotal factor in the outcome of their cases.

For first time offenders, a plea bargain might be an opportunity to avoid a criminal record and severe consequences that come with a conviction. Many plea bargains for first time offenses also include the possibility of participation in drug or alcohol treatment programs and community service. This approach helps in rehabilitating rather than merely punishing the offender.

While accepting a plea bargain can be an appropriate solution for some, others are better off fighting their case at trial. Defendants that do not have the financial resources to post bail can spend months in jail while awaiting a trial, which gives prosecutors tremendous leverage when it comes to negotiating a plea bargain. Plea deals for first time offenders in such situations can be particularly advantageous.

The main thing to keep in mind is that the decision to take a plea bargain can have long-term implications that can’t be undone. While it is possible to withdraw a plea in limited circumstances, it is not always easy. That’s why it is essential that first time offenders thoroughly discuss their options with a NY criminal defense attorney, focusing on the specifics of plea deals for first time offenders to ensure the best possible decision is made.

Law Offices of Jason Bassett, P.C.

Law Offices of Jason Bassett, P.C. | Criminal Attorney and DWI Lawyer

320 Carleton Ave Suite 4200, Central Islip, NY 11722, United States

(631) 259-6060