When you face carjacking charges in New Jersey, you and your attorney may consider the possibility of a plea bargain when the prosecution provides compelling evidence of guilt that they intend to present at trial. However, you may wonder about the process of negotiating a plea bargain and what accepting a plea deal will mean for your case, rights, and future. An experienced Freehold, NJ, carjacking attorney from Keith Oliver Criminal Law can advise whether a plea agreement may provide the best outcome to your charges and vigorously negotiate to secure a deal that minimizes the consequences of an arrest and conviction. Contact us today for a consultation to discuss your case.
What Is a Plea Bargain?
A plea bargain is an agreement between the prosecution and a defendant in a criminal case. In a plea bargain, a defendant agrees to plead guilty to one or more charges filed against them. In exchange for the defendant’s guilty plea, the prosecution agrees to provide them with lenient treatment, which may include:
- Reducing Charges – The prosecution may agree to reduce the grading of a charge by amending it to a lower degree or substituting it with a lesser included offense in exchange for the defendant agreeing to plead guilty to that reduced charge.
- Dismissing Charges – Prosecutors may agree to dismiss some of the charges against a defendant in exchange for pleading guilty to their remaining charges.
- Recommending a Favorable Sentence – In most plea agreements, prosecutors agree to make a favorable sentencing recommendation to the trial court, which retains the ultimate authority to determine the defendant’s sentence. In almost every case, the trial court will accept the prosecution’s sentencing recommendation, which usually results in the defendant receiving a shorter sentence than they likely would have received following a conviction at trial.
How Carjacking Is Prosecuted in New Jersey
Under New Jersey Statutes §2C:15-2, a person commits the crime of carjacking if, while unlawfully taking or attempting to take a motor vehicle, the person:
- Injures or uses force on an occupant or person in possession or control of the vehicle
- Threatens an occupant or person in control of the vehicle with imminent injury or purposely or knowingly puts them in control of the vehicle in fear of imminent injury
- Commits or threatens to promptly commit a first- or second-degree crime
- Operates or causes another party to operate the vehicle with the occupant or person in control of the vehicle still inside
New Jersey law grades carjacking as a first-degree crime (felony), punishable by 10 to 30 years in prison and a minimum of five years of parole ineligibility. Furthermore, the court must sentence a convicted defendant to imprisonment and may not impose probation or another alternative to incarceration.
The Plea Bargaining Process in Carjacking Cases
In some cases, a defendant facing prosecution for carjacking in New Jersey may negotiate a plea deal with the prosecution to obtain a more favorable outcome than they might otherwise receive if they went to trial and received a guilty verdict. The plea bargaining process in New Jersey carjacking cases begins with investigating the charges to recover all available evidence. A defendant should have all available evidence at their disposal to evaluate the strength of the prosecution’s case. Finding a potential weakness in the prosecution’s case during an investigation can help a defendant negotiate a better deal.
After evaluating the strengths of the parties’ respective cases, the prosecution or defendant may initiate the plea bargaining process. Prosecutions may begin plea negotiations by extending an initial plea offer to the defendant. Alternatively, the defendant or their legal counsel may inquire whether the prosecution intends to extend a plea deal. In some cases, the prosecution may not want to offer a plea deal, as the district attorney’s office may face public or political pressure not to offer the defendant a favorable plea agreement. A defendant can counteroffer after receiving the prosecution’s initial offer, presenting evidence to highlight weaknesses in the prosecution’s case or arguments why the defendant should receive a more favorable deal, such as:
- The defendant’s lack of criminal history
- A lack of violence or aggravating factors in the case
- Sentences imposed in comparable cases
Once the parties reach agreement on a plea deal, the agreement goes to the trial court for consideration. First, a defendant who pleads guilty must admit sufficient facts to establish each element of the carjacking offense as charged by the prosecution. The trial court may reject a plea agreement if a defendant provides a factually insufficient admission.
Next, the trial court must decide whether to accept or reject the prosecution’s sentencing recommendation. Although courts frequently accept sentencing recommendations in plea deals, a trial court may reject a proposed sentence for various compelling reasons, including situations where the law does not authorize the court to impose the proposed sentence or when the prosecution proposes an unduly light sentence given the severity of the defendant’s crime.
Factors That Influence a Plea Deal
Some of the factors that may affect whether the parties in a carjacking prosecution reach a plea agreement and the terms of their deal include:
- The severity or violence of the defendant’s conduct in the offense
- The defendant’s criminal history, including a pattern of escalating criminal behavior
- The defendant’s remorse or acceptance of responsibility for their conduct
- The need to maintain consistency in sentencing
- Public or political pressure against extending favorable sentencing to the defendant
Potential Outcomes of a Carjacking Plea Deal
A defendant negotiating a plea deal with the prosecution for their carjacking charge may face various outcomes. First, a defendant may receive a conviction and sentence consistent with the deal struck with prosecutors. However, the trial court may reject a plea agreement if the defendant will not admit to engaging in conduct that fits the carjacking offense as charged. The trial court may also reject a plea deal, or prosecutors may withdraw the deal if the defendant engages in conduct that violates the plea bargain’s terms, such as the defendant committing a new offense while on release pending the sentencing hearing.
Plea bargains can have other consequences for defendants. Most importantly, a defendant who follows through on their plea bargain may not assert their innocence during a later stage of their case, such as in a direct appeal or post-conviction collateral proceeding. The exception is if they can present compelling circumstances, such as newly discovered evidence of their actual innocence. Furthermore, plea deals typically limit a defendant’s direct appellate rights. In most cases, the agreement must expressly preserve a defendant’s right to raise an issue on appeal. However, defendants usually can appeal fundamental issues such as the trial court’s jurisdiction to enter judgment or the legality of the sentence.
Risks of Rejecting a Plea Bargain
Freehold defendants who reject the prosecution’s plea offer and choose to fight their charges at trial may face various risks, including:
- Harsher Sentencing – Courts cannot impose a longer sentence than offered in a plea bargain solely because a defendant exercised their right to a jury trial. However, defendants who take their charges to trial frequently receive longer sentences than offered in a pre-trial plea deal.
- Increased Defense Costs – Choosing to go to trial means a defendant will incur additional legal fees and costs to have their attorneys prepare and present a defense at trial.
- Continued Anxiety and Stress – A plea deal can provide a defendant with finality and control over the outcome of their carjacking charge. However, by rejecting a plea offer, a defendant may continue to deal with anxiety and stress over what may happen to them at trial, including whether they may receive a longer sentence than offered by the prosecution if convicted.
How a Criminal Defense Lawyer Can Help
When you decide to pursue a plea deal to resolve your carjacking charges, let a Freehold, NJ, attorney from Keith Oliver Criminal Law help you secure the best possible outcome under the facts and circumstances of your case by:
- Thoroughly investigating your charges to obtain all available evidence, which may highlight possible weaknesses in the prosecution’s case and give you a stronger bargaining position
- Evaluating facts and information relevant to the bargaining process, such as mitigating factors in your history and sentences imposed in plea bargains or convictions in similar carjacking cases
- Vigorously negotiating with prosecutors to obtain the best possible deal
- Advising you on the suitability of a plea offer based on the facts and circumstances in your case and your needs, concerns, and goals
- Preparing you for what to expect throughout the plea bargaining process, including through the allocution and sentencing hearings
Contact Our Freehold NJ Carjacking Lawyer Today
Following an arrest for carjacking in Freehold, you need experienced, dedicated legal counsel to protect your rights and options and advocate for your interests, reputation, and freedom. Don’t leave the outcome of your charges to chance. Contact Keith Oliver Criminal Law today for a free, confidential consultation with a New Jersey carjacking lawyer to learn how we will fight to secure the best possible outcome to your charges under the circumstances and help you move forward with your life.