Accept plea deal or go to trial?

It is one of the most stressful and pivotal moments in any criminal case: the moment your attorney presents you with a plea offer from the Nassau County District Attorney’s Office. Do you accept the deal, guaranteeing a specific outcome, or do you exercise your constitutional right to a trial and place your fate in the hands of a judge or jury?

This decision is never easy, and it’s one you should never make without a deep understanding of what’s at stake. At Hochhauser Criminal and DWI Defense, we guide our clients through this critical choice every day. The answer to “Should I take the plea deal?” is never one-size-fits-all. It depends entirely on the specific facts of your case, the strength of the evidence, and your personal goals.

Understanding the Landscape: Plea Bargaining in Nassau County

First, it’s important to understand that the vast majority of criminal cases in Nassau County—and across the country—end in a plea bargain. The court system would grind to a halt if every case went to trial. A plea bargain is essentially a negotiated contract: in exchange for you pleading guilty, the prosecutor agrees to a specific, often reduced, charge and/or a more lenient sentence than you might face if convicted at trial.

The offer you receive from the Assistant District Attorney (ADA) at the courthouse in Hempstead or Mineola will be based on several factors:

• The Severity of the Charge: A plea for a misdemeanor shoplifting case will look very different from one for a felony DWI charge.
• The Strength of Their Evidence: If the prosecution has a very strong case (e.g., video evidence, multiple witnesses, a confession), their offer is likely to be less generous.
• Your Criminal History: A first-time offender will almost always receive a better offer than someone with prior convictions.
• The Assigned ADA and Judge: An experienced local attorney knows the tendencies and policies of specific prosecutors and judges, which can influence negotiations.

The Case for Taking a Plea Deal: The Benefit of Certainty

The single greatest advantage of accepting a plea offer is certainty. You know exactly what the outcome will be. This allows you to avoid the “trial penalty”—the well-documented phenomenon where defendants who reject a plea offer and are later convicted at trial receive a significantly harsher sentence.

You might consider a plea deal if:

• The prosecution’s evidence against you is overwhelming.
• The deal involves reducing a felony to a misdemeanor, thus avoiding a felony conviction on your record.
• The agreement guarantees no jail time, whereas a trial conviction could lead to incarceration.
• The emotional and financial toll of a lengthy trial is something you wish to avoid.

The Case for Going to Trial: The Fight for Acquittal

Taking a case to trial is a fight for your innocence. It is your chance to be completely vindicated and walk away with a “not guilty” verdict, clearing your name and your record entirely. This is a right that should never be given up lightly.

Going to trial might be the right path if:

• You are factually innocent of the crime.
• The prosecution’s evidence is weak, circumstantial, or relies on an unreliable witness.
• There was a significant violation of your constitutional rights during the arrest or investigation (e.g., an illegal search).
• The plea offer is not substantially better than the likely sentence you would face even if convicted at trial.

The Deciding Factor: Your Attorney

Making this decision without an experienced criminal defense lawyer is like navigating a minefield blindfolded. A skilled attorney does more than just present the offer; they provide the critical analysis you need to make an informed choice.

At Hochhauser Criminal and DWI Defense, our process involves:

1. Thorough Investigation: We meticulously review every piece of evidence—police reports, lab results, witness statements, and body camera footage—to identify the strengths and weaknesses in the prosecution’s case.
2. Honest Assessment: We provide you with a clear, straightforward evaluation of your chances at trial versus the concrete benefits and drawbacks of the plea offer.
3. Aggressive Negotiation: With over 25 years of experience, including his time as a Nassau County prosecutor, Richard Hochhauser knows how to negotiate from a position of strength to secure the best possible offer from the DA’s office.
4. Empowering You: Ultimately, the decision is always yours. Our job is to give you the legal analysis, insight, and counsel you need to be confident in your choice.

If you are facing criminal charges in Nassau County, the path you choose will have a lasting impact on your life. Don’t make that decision alone.

Contact us at Hochhauser Criminal and DWI Defense for a free, confidential consultation. Call us 24/7 at (516) 939-1529 to discuss the specifics of your case and learn how we can protect your rights.