CAN THE PUNISHMENT BE WORSE
FOR GOING TO TRIAL IN NEW YORK?
In this video, Attorney Larry Newman explains how taking a criminal defense case all the way to trial could potentially alter the punishment for a Defendant in New York.
Like all things, it depends on the circumstances. If you are charged with murder --taking a case to trial is expected. Your punishment will be reflective of the evidence and facts that come out during the trial.
Unfortunately, there is a flip side to that coin. If you are charged with a minor crime --and insist on taking the case to trial--despite there being a reasonable plea offer from the Prosecutor, then a charge could be inclined to punish you worse for "wasting the court's time."
There is a constitutional right to have a trial in the USA and in New York. Many Judges respect that right and will not punish you more harshly for exercising your rights. However, there are some that will be less than happy to spend their time presiding over something they feel shouldn't be happening. Additionally, the Prosecutor will almost always request much harsher sentences following a trial than they offered in a plea negotiation.
That's why all of these factors must be considered in EVERY DEFENSE CASE. Who is the Judge? Who is the DA? What's the facts of the case? What charges are you facing?
If you have questions about a criminal case or DWI case in NY, call us:
607-229-5184
BY NEWMAN & CYR
Or find us online!
www.ithacadwi.com
www.watkinsglendwi.com
www.facebook.com/ithacadwi
www.twitter.com/ithacadwi
DISCLAIMER: If you or a loved one is charged with a crime in NY, we strongly urge you to consult with a local, licensed criminal defense attorney to help lessen the possible negative outcomes of the charge--including the potential loss of your freedom.
*Attorney advertising
*Educational Purposes only. Copyright 2016 NEWMAN & CYR PLLC.
Like all things, it depends on the circumstances. If you are charged with murder --taking a case to trial is expected. Your punishment will be reflective of the evidence and facts that come out during the trial.
Unfortunately, there is a flip side to that coin. If you are charged with a minor crime --and insist on taking the case to trial--despite there being a reasonable plea offer from the Prosecutor, then a charge could be inclined to punish you worse for "wasting the court's time."
There is a constitutional right to have a trial in the USA and in New York. Many Judges respect that right and will not punish you more harshly for exercising your rights. However, there are some that will be less than happy to spend their time presiding over something they feel shouldn't be happening. Additionally, the Prosecutor will almost always request much harsher sentences following a trial than they offered in a plea negotiation.
That's why all of these factors must be considered in EVERY DEFENSE CASE. Who is the Judge? Who is the DA? What's the facts of the case? What charges are you facing?
If you have questions about a criminal case or DWI case in NY, call us:
607-229-5184
BY NEWMAN & CYR
Or find us online!
www.ithacadwi.com
www.watkinsglendwi.com
www.facebook.com/ithacadwi
www.twitter.com/ithacadwi
DISCLAIMER: If you or a loved one is charged with a crime in NY, we strongly urge you to consult with a local, licensed criminal defense attorney to help lessen the possible negative outcomes of the charge--including the potential loss of your freedom.
*Attorney advertising
*Educational Purposes only. Copyright 2016 NEWMAN & CYR PLLC.
