How Judges Accept and Reject Plea Deals

What you need to know about plea deals and how judges review them.

By , Attorney Mitchell Hamline School of Law
Updated 4/25/2025

A plea bargain (or plea deal or agreement) occurs when the prosecutor and defense attorney negotiate and agree upon the appropriate resolution of a criminal case. There are several types of plea bargains, but no agreement is binding until the defendant agrees to it and the parties present it to a judge who approves it.

How Do Judges Evaluate Plea Deals?

Judges' participation in plea deals varies significantly by jurisdiction. Their main role is to evaluate the agreement objectively and determine whether it's in the best interests of justice. Some jurisdictions allow judges to participate (to some degree) in the negotiations, while others expressly prohibit it. However, the fact remains that there's no plea agreement until the judge approves the deal, so judges tend to have some influence in plea negotiations, even if indirectly.

Factors Used to Evaluate a Plea Agreement

When assessing a plea deal, judges must ensure that the defendant voluntarily agreed to the plea deal and a factual basis exists for the plea. The judge will also evaluate whether the punishment is appropriate in light of the seriousness of the charges, the defendant's character, and the defendant's prior criminal record. The interests of the victim, the victim's family, and the public also factor into a judge's decision.

Information Judges Rely Upon

The judge will hear from the prosecutor and defense on their reasons supporting the plea deal. This information often includes the facts and circumstances of the crimes, the defendant's role in the offense (minor or major), whether the defendant shows remorse and accepts responsibility, the harm caused, and what sentence typically applies in similar cases. In most cases, judges will also review the presentence investigation report that is prepared by a probation officer.

Can the Judge Accept or Reject Parts of a Plea Bargain?

When judges decide on a proposed plea bargain, they generally must accept or reject it in its entirety. A judge can't change terms that were settled upon, except for the negotiated sentence in some cases. Sometimes judges defer their decision on whether to accept or reject the proposed sentence until they've had time to consider the presentence report.

Federal rules permit the parties to present plea agreements with different types of sentencing provisions. They can offer a judge sentencing recommendations or a stipulated sentence. Judges aren't fans of having their hands tied when it comes to sentencing decisions, so it's more common for the parties to recommend a sentence rather than dictate one. The law might require that the accused be allowed to withdraw the plea if the judge doesn't follow the sentencing recommendation. (Fed. R. Crim. P. 11 (2025).)

Can the Judge Reject a Plea Agreement?

Yes, the judge can reject the plea deal. Typically, this must be done in open court and on the record. The judge needs to explain their rationale with sound reasons that don't leave the parties or an appellate court guessing. A very common reason for rejecting a plea agreement is that the agreed-upon sentence is too lenient.

For example, a federal district court judge rejected a plea agreement that allowed a defendant to plead guilty to one count of selling heroin despite being indicted on seven counts—six of which were for drug sale crimes (one near a school) and one for illegal firearm possession. This judge found no support in the record for the government agreeing to the exceptionally lenient deal, except for the convenience of not having to go to trial. (U.S. v. Stevenson, 425 F.Supp.3d 647 (S.D. W.Va. 2018).)

Can the Judge Reject the Deal After the Defendant Pleads Guilty?

While procedures vary from jurisdiction to jurisdiction, judges must generally decide whether to accept the plea terms before the defendant enters the guilty plea or allow the defendant to withdraw their plea. For instance, federal rules require a judge who's rejecting a plea agreement to inform the defendant that they may withdraw their guilty plea and, if they don't, the judge can impose a harsher sentence than what was agreed upon. (Fed. R. Crim. P. 11 (2025).)

What Happens After a Judge Rejects a Plea Deal?

If the judge rejects the plea deal, the parties might go back to the negotiating table or take the case to trial. The defendant might be able to appeal a judge's decision to deny a plea agreement, but trial judges' decisions on this matter can't be overturned unless they abused their discretion. It's difficult to overcome the abuse-of-discretion hurdle, but it does happen.

In a 2018 drug case, the Second Circuit found that a lower court's decision to reject a plea agreement was not rational. The defendant played a minor role in a drug deal out of fear of retaliation from a drug cartel. The plea deal had actually overrepresented the amount of drugs involved and the defendant's level of participation. But the judge rejected the deal, which had presented a binding sentence deal. The parties came back with a similar deal but eliminated the binding sentence and proposed a sentencing recommendation. This time the judge accepted the deal but imposed a much harsher sentence without a clear reason for doing so. The appellate court reversed the lower court and sent the plea agreement back down to be reviewed by a different judge. (U.S. v. Cota-Luna, 891 F.3d 639 (2d Cir. 2018).)

Can the Judge Change Their Mind After Accepting a Plea Deal?

Once the judge accepts the defendant's guilty or no contest plea and enters a conviction, the judge can't later overturn the plea agreement.

However, when the parties agree upon a negotiated plea that requires that the defendant perform certain conditions, the court retains authority over the case until the conditions are satisfied. If the defendant doesn't satisfy the conditions, the judge can reject the plea and resentence the defendant. An example is a defendant who, in order to receive community service instead of jail time, agreed to but failed to complete the assigned service. A judge might also approve the plea deal but defer a final decision on accepting the deal until after they receive and review the presentence report.

Where to Get More Information

If you want to know whether a judge might reject an actual or potential plea bargain, or if you simply want to understand plea-bargain procedure, talk to your criminal defense lawyer or public defender. Do the same if you want to know what your options are. A knowledgeable lawyer will be able to fully explain the rules and customs—which differ from place to place—in the court in question.

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