What Is A Plea Bargain And How Does It Work?

A plea bargain occurs when:

• A defendant agrees to admit they are guilty of a criminal offense, rather than making the prosecutor prove their guilt beyond a reasonable doubt.
• The prosecutor makes some type of concession to the defendant in exchange for admitting guilt, such as charging the defendant with a less serious offense or recommending less serious penalties.

When a defendant enters into a plea agreement, the defendant typically must stand up in court and admit they violated the law. The prosecutor makes a recommendation to the judge in accordance with the terms of the plea agreement. However, judges do retain discretion and are not required to abide by the deal that the prosecutor made.

Plea deals are generally treated as contracts between a prosecutor and a defendant though. If a prosecutor does not follow through on their end of the agreement, the defendant may be able to seek relief from a judge including being allowed to withdraw their guilty plea. And if a defendant fails to fulfill their obligations, prosecutors do not have to be bound by the terms of the deal.

When a defendant agrees to a plea bargain, a full criminal trial to determine guilt does not need to take place. However, a sentencing hearing may still be necessary. During this hearing, the judge will make the final decision on the penalties imposed upon the defendant.

Guilty Plea vs. No Contest Plea

When a defendant enters into a plea deal, usually the defendant must plead guilty and admit they violated the law. In some cases, though, a defendant will instead plead no contest or enter a nolo contendere plea.

There are important differences between a no-contest plea and a guilty plea. When a defendant pleads no contest, they indicate they don’t dispute the charges against them but they are not admitting they are guilty of the crime.

Defendants may agree to a no-contest plea if they fear the evidence will lead to a conviction and don’t want to take the chance of harsher penalties, but they don’t want to admit they broke the law. The no contest play can’t be used in subsequent criminal proceedings as an admission of guilt.

Either a prosecutor or a defendant can begin negotiations on a plea agreement. And there are benefits for both parties.

• When a defendant agrees to a plea bargain, this allows the prosecutor to avoid using resources to prosecute a case. And it eliminates the chances of an acquittal.
• A plea deal also allows a defendant to limit their risk since they will not have the uncertainty of a court verdict.
• Prosecutors generally offer incentives to get defendants to agree to a plea deal, such as charging them with a lesser offense or recommending more leniency in sentencing.

If the prosecutor and defendant agree on a plea deal both parties believe is fair, the case will proceed with the defendant entering a guilty plea.

Sometimes, prosecutors will impose additional conditions on a deal beyond a defendant admitting guilt. For example, a prosecutor might allow a defendant to plead down to a less serious charge if the defendant agrees to testify against others involved in the same criminal misconduct.

After the defendant enters a guilty plea, the prosecutor makes their recommendations and the judge determines appropriate sentencing. Usually, judges will abide by the terms of plea agreements and impose the sentence the prosecutor and defendant agreed upon in exchange for the defendant admitting guilt.

Plea bargains can happen in almost any type of case. For example:

• A prosecutor agrees to charge a defendant with reckless driving instead of a DUI offense if the defendant admits guilt.
• A prosecutor agrees to take the death penalty off the table as a penalty in a murder case if the defendant agrees to admit to the crime.
• A prosecutor agrees to move forward with only bringing some of the potential charges against the defendant if the defendant admits guilt. For example, if a defendant committed assault and battery, the prosecutor could agree to only charge the defendant with assault and not both assault and battery

Prosecutors and defendants can work together to determine what type of deal is appropriate given the circumstances surrounding the case.

If you have been charged with a crime, you may wish to negotiate a plea bargain if you believe the evidence against you is strong and if you are offered a deal that allows you to lessen the penalties that you could face.

If you believe that you can introduce reasonable doubt as to your guilt, though, you may not want to enter into a plea agreement as you will lose the chance to defend yourself and potentially get acquitted.

Alternatives to a plea bargain include going to trial to try to get a not-guilty verdict, asking the court to dismiss the case if there is insufficient evidence for a prosecutor to move forward, or entering into pre-trial diversion programs that could allow you to avoid a criminal record.

An experienced criminal defense lawyer can help you to determine if a plea bargain is right for you or if these alternatives could help you to get a better outcome.