Home Page Image

Visit our offices:

Click here for a map

450 Seventh Avenue Suite 905
New York, New York 10123

E-Mail:   cmiller@cmillerlaw.com

  718.323.6303 Queens
Fax: 516.569.0053




 
 

Law Offices of Charles Andrew Miller

Case Procedure           
Penal Law  

Arrest

Types of  Offenses      

Central Booking

Arraignment            

Grand Jury Action      

Plea Negotiations

Pre-Trial Motions and Hearings     

Discovery

Robbery  

Trial 

Burglary 

Sentencing

Weapons  Possession 

Sexual  Offenses 


Homicide 

Plea Negotiations

In misdemeanor cases, after arraignment the case is sent to a pre-trial part. The assigned assistant district attorney will evaluate the strength of the case and make an offer to the defendant. Judges assigned to these parts will usually adjourn cases once or twice to allow the prosecution and defense to negotiate a possible disposition. 

In felony cases, the same type of negotiation occurs. The grand jury action is usually held in abeyance until negotiations are concluded.

If a negotiated plea is made, there will be no trial. The defendant will be advised that he is waiving many important constitutional rights in return for the negotiated settlement. A defendant does not have a right to a plea bargain and the judge is not obliged to accept the negotiated settlement. 

In practice, however, the overwhelming majority of cases are plea-bargained. The large quantity of cases prevents a DA’s office from taking every case to trial. For a defendant, accepting a negotiated settlement requires a careful evaluation of the facts of the case and a full understanding of the consequences of the plea.