Why Innocent Defendants Take Plea Bargains?

This is blog is presented as a public service and for general criminal legal information by the Law Office of Vincent J. Sanzone, Jr., Esq. 

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LawOffice of Vincent J. Sanzone, Jr., Esq.

277 North Broad Street

P.O. Box 261

Elizabeth, New Jersey

Telephone No. (908) 354-7006; Cell No. (201) 240-5716

It is without dispute that the State may not exert an unnecessary price for defendants that exercise their constitutional right to a jury trial.  United States v. Jackson, 390 U.S. 570 (1968); Garrity v. New Jersey, 385 U.S. 493 (1967); Griffin v. California, 380 U.S. 609, (1965)

That is the law, but the reality is that innocent defendants, both in State and Federal court often take a plea for something that he or she did not do, just to avoid losing at trial and doing double or triple the jail time after conviction.  Although legally the trial sentencing cannot impose a “trial tax”, upon the defendant after conviction, the reality of the situation is that with the draconian sentencing laws and guidelines, such as discretionary or mandatory extended terms, parole ineligibility, consecutive sentences, etc., defendants who refuse plea offers and lose at trial in most cases go to jail for a very long time.  The pressure to take a plea is so strong that very few defendants, whether innocent or guilty, will take the risk at losing at trial.  The cards are stacked against the defendant to such a large degree that taking a plea is the only option. 

The prosecutors in criminal cases have all the cards; they deal them as they choose.  They make the final decisions, they offer the pleas, and sometimes they are given on a take it or leave it basis.  They know their power and they use it to extract pleas.  Even judges sometimes are frustrated with the position that the prosecutors take, but they are powerless and cannot force to the prosecutor to be reasonable.  Often many good judges will attempt to 

appeal to the sensibilities and to the notion of fairness with the prosecutor, but those attempts are often futile.  Because the separations of powers, the executive and judicial branch are co-equals and neither branch can interfere with the other, most of the time the judge must remain silent.  Not to say that there are not some good prosecutors who attempt to do the right thing; however, in most cases prosecutors get their instructions from a chain of command, such as trial supervisors, reviewing committees etc.

Plea bargains it is argued, keeps the system alive because without plea bargains the judicial system could not function.  Because 95% of the criminal cases result in plea bargains and the system could not survive without the plea bargain system, plea bargains are a necessary evil which is necessary for the system to work.   This is true at the lower level, and begs the question.  The real question is who is controlling the plea bargain system, and why do the prosecutor’s have all the cards.  Why not equally penalize the prosecutor office if they lose at trial, in the form of a monetary settlement to the acquitted defendant or at lease a payment of his or her attorney fees.  As the system stands now the prosecutors have zero downside and all the upside.  If there was a penalty imposed when the prosecutor lost a case they would be more careful in pursuing only the meritorious cases and offering plea agreements that were fair. 

As it stands now every legislative body in ever State is making it more and more difficult for sentencing judges.  Every politician that wants to be reelected wants to pander to the public that he or she is hard on crime.  There is no end in sight.  Let’s be fair, and make the constitution work for all, even the criminally accused. 

Nobody knows when the table will be turned on them, and be unjustly accused of a crime.  Did Governor Christie or Lieutenant Governor Kim Guadagno ever thing just a few months ago that they would be accused of something, if true, would be the criminal charge of official misconduct?

Quote of the Day:
First they came for the Socialists, and I did not speak out-- Because I was not a Socialist.
Then they came for the Trade Unionists, and I did not speak out-- Because I was not a Trade Unionist.
Then they came for the Jews, and I did not speak out-- Because I was not a Jew.
Then they came for me--and there was no one left to speak for me.

“Justice” in the Red Bank New Jersey Municipal Court; Is there a double standard in the Red Bank Municipal Court for Police Officers?

Presented to the People as a Public Service from the Law Office of Vincent J. Sanzone, Jr., Esq.

On May 14, 2007, Red Bank municipal court judge, William Himelman (case was transferred to Red Bank for possible conflict) found the Wall Township Police Chief, Bernard Sullivan not guilty of driving while intoxicated.  The evidence against the police officer, as testified by the arresting officer, was that the chief was driving recklessly by failing to maintain lane, going through a red light, reckless driving and failing a breathalyzer test, blowing double the legal limit.  Sullivan admitted having four to five beers when stopped, but contested that he failed the field sobriety tests that were administered to him at the scene.

After the verdict the Star Ledger quoted Red Bank Municipal Prosecutor James N. Butler as saying he was shocked by the judge’s decision, and stated, “To me, it set the criminal justice system back a long way, because what it said is, Don't arrest a cop.” 

In the judge’s oral decision he stated, "I didn't see (Sullivan) staggering, I didn't see him falling, I saw him walking around," Himelman said. "What I saw on that surveillance tape was a man who had five beers, not someone who had 10 beers."  However, as this judge knows whether someone can handle their liquor is no defense to a DWI charge, and rarely if ever, will a municipal court judge find a defendant not guilty when he fails the field sobriety tests?  Sullivan’s failure on the field sobriety tests was also witnessed by superior officer Lancellotti who was called to the scene.

Further, the municipal court judge completely ignored the testimony of Patrolman Verrecchia who testified that when he pulled Sullivan over at 12:35 a.m. after he saw Sullivan's car, headed north on 16th Avenue in the West Belmar section of town, run a red light at Route 35, nearly colliding with a car on the highway.  Further, he testified that Sullivan continued across Route 35 and headed up Belmar Boulevard toward his Wall home on the wrong side of the road until Verrecchia pulled him over near Marconi Road, Verrecchia testified.

Further, the municipal court judge completely ignored officer Verrecchia testimony that Sullivan breathalyzer reading was for the first test .19 and for the second test, .20 (double the legal limit for that time).

According to the Asbury Park Press interview of the judge after the verdict, Himelman was not embarrassed to say that it was the first not guilty verdict he has made in the last five years in a DWI case while sitting on the bench in Red Bank. I wonder how many individuals were found guilty in Red Bank by him and how many lost their jobs because of their loss of a driver's license?

This unfortunately is not an isolated incident and further reinforces the need for municipal courts in New Jersey to be consolidated in joint municipal courts in which a number of towns join their municipal courts into a joint municipal court.  Further, that these joint municipal court judges be appointed by the governor as Governor Christi has proposed. Not only will this save taxpayers money, by consolidation, but also eliminate some of the conflict of interest, which is rampant in municipal courts throughout the state.  Specifically, because the municipal court judge receives his or her paycheck from the town in which he must generate revenue, and hence, the inference that he or she must find everyone guilty to generate revenue.  Or as this judge admitted never find anyone not guilty in the last five years in every DWI case, except in one case in which an law enforcement is charged with DWI, notwithstanding all the evidence against the police officer?  Nobody is questioning the integrity of the municipal court judge in this case, however, it surly makes you wonder.  Is there any justice in municipal court in Red Bank?

Law Office of Vincent J. Sanzone, Jr., Esq.

P.O. Box 261

277 North Broad Street

Elizabeth (Union County), New Jersey 07207

(908) 354-7006

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