Plea Bargains

The vast majority of cases are resolved in a plea bargain. Learn how they work and what to
expect as negotiations begin.

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Prosecutors are often willing to "deal" a case due to their heavy caseloads or problems with evidence or witnesses. Sometimes they'd rather have a conviction on lesser charges than risk losing at trial.

Plea Bargaining Basics

Learn how prosecutors and defense counsel bargain their cases.

The Basics of a Plea Bargain
Every courthouse has its system for resolving cases short of trial.
The Benefits of a Plea Bargain
Most of the time, defendants who are "good for" the crime will benefit from a plea bargain.
How Plea Bargains Get Made
Plea bargaining begins with a conversation between the prosecutor and defense counsel.
Why Judges and Prosecutors Engage in Plea Bargaining
Moving cases along, and making sure that there's room in the jails and prisons for truly bad actors, are two reasons why plea bargaining is part of the system.
Defendants' Incentives for Accepting Plea Bargains
Common reasons why defendants enter into plea bargains.
Pleading Guilty: What Happens in Court
Here's how a plea "goes down" in a court.
The "Standard Deal": Whether It Exists and How to Get It
Sometimes there's a standard deal--but not always.
Withdrawing a Guilty Plea
Judges allow defendants to withdraw guilty pleas in only limited situations.
Invalidated Plea Bargains
Narrowly worded agreements and changes in law can unravel plea deals, which are contracts between prosecutors and defendants.
Ineffective Representation in Plea Bargains
People are often unhappy with their lawyers' performance, particularly when it comes to plea bargaining. Learn what has to happen to win an argument that your lawyer's failures got you a bad outcome.

Frequently Asked Questions

These questions often come up when defendants are thinking about plea bargaining.

Do I need a lawyer to get a good deal?
Most of the time, yes.
Do lawyers push plea bargaining because it’s easier for them than going to trial?
Most lawyers want to do the right thing for their clients.
How do I know whether to take the deal?
The advice of your lawyer, who knows what your case is "worth," will help you evaluate the deal.
Should I cave to pressure to plead guilty and avoid trial?
The decision is yours--yours alone.
If I reject a plea bargain and lose at trial, will I get a harsher sentence than the one offered?
Exercising the right to a trial can result in a stiffer sentence.
Can the prosecutor back out of a plea deal?
Prosecutors rarely renege on deals made with defense attorneys.
Can the judge reject my plea deal?
The lawyers agreeing to a deal isn't the end of the story: Judges have to stamp plea agreements.
Can I get out of a bad deal?
Defendants can get out of plea deals only in rare circumstances.
Can a judge advise me whether to plead guilty?
For the most part, judges don't get too involved in plea bargains.
Can a 'no contest' plea bite you later in life?
"No contest" pleas are like guilty pleas, except when it comes to civil liability.

Plea Bargains

The vast majority of cases are resolved in a plea bargain. Learn how they work and what to expect as negotiations begin.

The vast majority of cases are resolved in a plea bargain. Learn how they work and what to
expect as negotiations begin.