When "Neighborhood Watch" Gets Out of Hand

[pointman]

Originally Posted by jms62

Do prosecutors sometimes overcharge trying to flush out a plea bargain with some schmo facing a boatload of time? If said schmo didn't bite are they allowed to reduce charges prior to trying in court?

I have seen that happen many times. In New York there is very little discovery prior to trial, and evidence is really shrouded in secrecy. I know that Florida permits more discovery than New York, such as pre-trial depositions which a defendant does not have a right to in New York. There is no more valuable discovery than depositions which give each party equal access to all evidence and actually often avoids trials since everyone knows where they stand and it becomes easier to formulate a just agreement.

A scheme that is often used in New York is to take a policy that any plea bargain that involves a reduction in the charges must be done prior to the prosecutor presenting the case to a Grand Jury. Since a defendant has absolutely no right to discovery in New York prior to being indicted by a Grand Jury, prosecutors often intimate that their case is much stronger than it really is without actually allowing me to see the evidence they have.

They are permitted to reduce (or increase) the level of charges in New York any time prior to trial. And yes, I often get threats that if my client does not take the plea bargain today, they will go for the maximum on charges with suggestions of evidence to back it up only to see them reduce the charges often below the level of the plea bargain offer if my client rejects it.