Plea Offers, Discovery and General Motion Practice
Part Three: Plea Offers, Discovery and General Motion Practice
The Pending Case
The evolution of a pending case post-charging stage, which may occur through:
A misdemeanor accusatory instrument
Action by the Grand Jury
Waiver of indictment by the defendant
A case initiates with either an arrest or a direct presentation to the Grand Jury.
Ends in one of the following ways:
By a plea
By a verdict at trial
With a dismissal
(Note: Term ‘ends’ may be misleading as there can be appeals and other proceedings after a guilty plea or verdict.)
Types of Courts
Misdemeanors and violations: Prosecution occurs in local Criminal Court.
Felonies: Prosecution occurs in Supreme Court.
Juveniles and adolescent offenders: Their cases are pending in the Youth Part, handled by the District Attorney’s Office.
Although Criminal Procedure Laws vary across these courts, the general procedures remain consistent.
The Plea Offer
Typically, prosecution conveys a plea offer to the defendant.
Acceptance of a plea implies:
The prosecution has made an offer.
The defense is willing to accept it.
The court approves the offer.
A plea agreement requires the defendant to waive certain constitutional and statutory rights in exchange for a predetermined disposition.
This process is primarily about negotiating with offenders.
Perspectives on plea bargaining vary:
Some advocate for maximum sentences for crimes.
Others emphasize mitigating mass incarceration.
Practically, the system favors plea deals as it cannot sustain a trial for every defendant, which contrasts with television portrayals.
Prosecutors and Guilty Pleas
Reasons for a prosecutor to seek a guilty plea:
To assure a conviction and guarantee some punishment for the defendant’s behavior.
Uncertainty exists about a convicting trial outcome due to case strengths and weaknesses.
Assessment criteria for plea offers include but are not limited to:
Nature of the Offense:
Type: felony, misdemeanor, or violation.
Classification: violent vs. non-violent felony.
Potential Sentencing:
Maximum vs. minimum potential sentences.
Class A misdemeanor: Maximum 1 year jail.
Class B misdemeanor: Maximum 3 months jail.
Violations: Up to 15 days in jail.
Class A misdemeanors’ maximum sentences are detailed in Criminal Procedure Law § 70.15, with various sentencing complexities for felonies.
Realistic Sentence Outlook:
Jurisdictional differences impacting prosecution strategies.
Importance of understanding possible sentencing outcomes to influence plea negotiations.
Case Strength:
Evaluating facts, legal principles, and witness credibility.
The impact of witness cooperation and potential juror biases on a trial.
Type of Case:
Some cases might evoke strong juror responses and apprehensions.
Defendant's Background:
Criminal history, mental health issues, family context, and potential societal impacts of the plea.
Victim's Input:
Victim sentiment can guide plea offers, but the final decision lies with the prosecutor based on the case context.
Decision-Making for Defendants
Factors influencing whether a defendant should plead guilty or contest charges:
The severity of charges and potential penalties.
Strength of evidence against them and probability of conviction.
Long-term consequences, including familial, professional, immigration, and housing implications.
Example: A defendant charged with assault but having no record may plead to a lesser offense like disorderly conduct.
Execution of the Plea
A guilty plea must be:
Knowing: The defendant understands the plea implications.
Voluntary: The plea is not extracted through coercion.
Intelligent: The defendant comprehends the plea’s consequences.
Court's Role in Pleas
Post-offer, courts assess plea voluntariness through a series of questions, ensuring understanding of rights waivers, prior legal representation, and plea origins.
Key constitutional rights discussed include:
The right to a trial
The right to confront witnesses
The right to testify or remain silent
Waiver of Rights
Upon entering a plea, defendants generally waive their right to appeal.
Waiver must be:
Knowing, voluntary, and intelligent, separate from the plea itself.
The appeal waiver is crucial for finality in cases, avoiding excessive burdens on the court and victim.
Specific issues can still be litigated post-plea if the waiver process is validly criticized.
Technical Rules of Pleas
Different protocols exist based on the type of accusatory instrument pending.
When charged by an indictment or superior court information:
Pleading to lesser-included offenses allowed per N.Y. Criminal Procedure Law § 220.10.
A ‘lesser included offense’ is defined as an offense that is committed through the same conduct as a greater offense.
Additionally, defendants can plead guilty to offenses that may be impossible to commit. E.g., pleading to attempted reckless endangerment.
General Procedures Following a Plea
Generally, a defendant pleads to one offense, which leads to the dismissal of other charges according to § 220.30.
Judges may also propose offers, but limitations exist, as they cannot propose offers below the top charge.
If a plea is declined, the defendant has options to plead guilty before a verdict through plea negotiations and discovery.
Discovery Procedures
Definition and Importance of Discovery
Discovery involves disclosing legal materials (documents, evidence) pertinent to the case and must be conducted early in the case.
Governed by N.Y. Criminal Procedure Law Article 245, which mandates automatic discovery obligations for prosecution.
Discovery Obligations and Deadlines
Prosecution must complete initial discovery disclosures based on the defendant's status:
Within 20 days for incarcerated defendants
Within 35 days for non-incarcerated defendants
An additional 30 days permitted for voluminous or hard-to-obtain evidence.
Types of Discovery Material
Mandatory disclosures include a broad range of materials, including:
Written or recorded statements made by defendants or co-defendants.
Transcripts of Grand Jury testimonies related to the charges.
Witness information (excluding victims or protected witnesses) with contact info.
Police and law enforcement documentation, police reports, lab results, etc.
Expert testimony and evidence, if the prosecution intends to call them.
Additional Discovery Considerations
Both parties have an ongoing duty to disclose new evidence even after initial discovery is fulfilled.
Non-disclosure can have significant repercussions including trial sanctions and prejudice evaluation based on timing and discovery volume.
Brady and Giglio Material
Brady Material: Must disclose any evidence favorable to the defendant per Brady v. Maryland.
Important for ensuring the defendant’s rights are upheld.
Giglio Material: Concerns impeaching evidence against prosecution witnesses’ credibility.
Prosecutors are responsible for ethical disclosures to ensure fairness in trials.
Rosario Material
Defined through People v. Rosario, this material involves witness statements critical to defense strategy and must be disclosed timely to uphold justice and fairness.
Motion Practice
General Overview
Motions serve various purposes in a case, especially when the defendant opts against pleading guilty.
Types of motions include:
Bill of Particulars
Motions to suppress evidence
Motions to dismiss charged offenses
Omnibus Motions
Omnibus motion: A comprehensive motion usually filed within 45 days of indictment for multiple requests related to the case.
Severance and Consolidation Motions
Defendants may seek to sever charges or co-defendants based on prejudicial grounds, and likewise, the prosecution can consolidate when advantageous to the case.
Motion Types for Evidence Suppression
Common types of motion pertinent to suppression hearings include:
Dunaway: Challenge on the basis of unlawful arrest.
Mapp: Evidence suppression for illegal searches.
Wade: Unconstitutional identification procedures.
Huntley: Competency of Statements made by a defendant.
Role of Effective Assistance of Counsel
An attorney must provide effective representation throughout the case, including responding to motions and plea agreements.
Claims under Strickland v. Washington regarding ineffective assistance require proving inadequate performance that affects trial outcomes.
Communication about plea offers is crucial; defense attorneys must inform their clients of offers from the prosecution, putting clients in a position to decide their pathways clearly.
Conclusion
The processes surrounding plea offers, discovery, and motion practice are highly interconnected. Defendants must articulate their position throughout these procedural laws while understanding their rights and potential implications effectively. The consequences of any legal decision—including pleas, motions, and the right to appeal—carry significant weight throughout the judicial process.