As criminal defense lawyers buffalo ny know, in New York, the accused may enter into an agreement with the prosecution where the plea bargain and sentence includes a “no arrest condition” prior to being sentenced. The question here is what happens if the accused is arrested before being sentenced? In other words, if the accused is arrested, does this necessarily mean the agreement is void? What if, for example, it turns out the arrest was a false arrest and the individual did not even engage in any illegal activity?
This question focuses on procedure. Namely, the process the accused is entitled to and what the prosecution must put forth to satisfy its burden.
As criminal attorneys in buffalo new york know, an inquiry must be held and the accused must be granted an opportunity to show the arrest was without foundation. While the Prosecution need not establish the accused’s guilt by the preponderance of evidence, the inquiry must be of sufficient depth so the court can be satisfied, not necessarily of the guilty of the accused, but that there is some legitimate basis for the arrest on the new charge.
Once this hearing is complete, if the court determine the prosecution has satisfied it’s burden, then the plea deal will be revoked. If, on the other hand, the hearing ends with the court finding no legitimate basis for the arrest, then the plea deal would remain intact.
Whenever this type of condition is attached to a plea deal, it is very important for criminal defense lawyers buffalo ny to counsel their clients on the importance of not getting arrested prior to sentencing. criminal attorneys in buffalo new york must also be aware that even if the accused is arrested and is later found not guilty, the arrest could nevertheless destroy the plea deal, because the evidentiary standard is not whether the accused actually committed the crime, but rather the court must conclude there was “no legitimate basis for the arrest.” This standard creates the possibility where the accused could be arrested for committing a crime he or she did not commit, but nevertheless the plea agreement will be voided, because police established probable cause for the arrest. As criminal attorneys in buffalo new york know, just because a police officer has probable cause to make an arrest, does not mean the accused actually committed the crime.
Again, if you find yourself going through the criminal process, it is very important to find lawyers in buffalo ny free consultation