What Constitutional Rights Do I Waive When Pleading Guilty to a Crime in New York?

Our Albany criminal defense attorneys at O’Brien & Eggleston PLLC work tirelessly to protect the Constitutional Rights of all our New York clients — from the start of their cases to the final result, whether it is decided inside or outside a courtroom.

Our Albany County assesses each client’s unique legal needs to pursue the best outcome. This may include having their case dismissed, their charges dropped or converted to a lesser charge, a not-guilty verdict when we go to trial, and in some cases — only when it makes the most sense — during plea agreements with the prosecutor’s office.

Before any plea agreement is reached, our skilled defense lawyers discuss each detail with our clients so they make only informed decisions about the direction of their cases.

This is crucial because agreeing to a plea deal in New York, or anywhere else, involves waiving specific Constitutional Rights.

What Constitutional Rights are Waived When Entering a Plea Agreement in New York

Every New York judge must address, in person, with every defendant who appears in their courtroom to enter a guilty plea, the essential Constitutional Rights they are waiving to take the deal.

In exchange, defendants must acknowledge they understand which rights are being waived.

They include the right to:

• A public and speedy jury trial.
• Remain silent and not be compelled to testify against themselves.
• Present evidence on their behalf.
• Subpoena individuals at no expense to them to appear on their behalf.
• See, hear, confront, and cross-examine the witnesses.
• Be presumed innocent until proven guilty.
• Require the State to prove they are guilty beyond a reasonable doubt.
• To appeal the convictions or any sentence imposed by the Court.

For a guilty plea to be legally upheld, a judge must read each of these waived rights aloud and ask the defendant to express an understanding of each.

Contact Our Criminal Defense Attorney Today

If you are considering taking a plea agreement for a crime in New York, do not make a potentially life-altering decision like this one without contacting our Albany criminal defense attorneys at O’Brien & Eggleston PLLC today by calling (518)-391-2369 or online to schedule your initial appointment. We can review your case and ensure you are making the right decision based on the evidence available in your unique case.

We have a strong track record of producing real results for our clients. Allow us to pursue a positive outcome for your case, too.