The Basics of a Plea Bargain

A plea bargain is an agreement between a defendant and a prosecutor, in which the defendant agrees to plead guilty or no contest (nolo contendere) in exchange for an agreement by the pros

How Plea Bargains Get Made

In a typical plea bargain, the defense lawyer and prosecutor confer, and one or the other proposes a deal.

The Benefits of a Plea Bargain

For most defendants, the principal benefit to plea bargaining is receiving a lighter sentence for a less severe charge than might result from a conviction at trial.

Why Judges and Prosecutors Engage in Plea Bargaining

For judges, the primary incentive to accept plea bargains is to move along their crowded calendars. Most judges simply don’t have time to try every case that comes through the door.

Defendants' Incentives for Accepting Plea Bargains

The crowding of criminal courts puts  pressure on judges and prosecutors to resolve cases quickly. This provides defendants with an opportunity to negotiate a plea bargain, rather than engage in a long, costly trial. For most defendants, the principal benefit of plea bargaining is receiving a lighter sentence for a less-severe charge than might result from taking the case to trial and losing.  But there are other  benefits as well.

What are the different kinds of plea bargaining?

There are several different types of plea bargains, which may go by the follow terms:

If I reject a plea bargain and lose at trial, will I get a harsher sentence than the one offered?

If I turn down a plea offer and get convicted at trial, will the prosecutor ask the judge to impose more time than he specified in the plea offer?

How many criminal cases actually go to trial?

It’s no secret that the overwhelming majority of criminal prosecutions never reach trial.