Plea-Bargain Basics
Making a Deal
Making a Deal
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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 prosecution.
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In a typical plea bargain, the defense lawyer and prosecutor confer, and one or the other proposes a deal.
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The Pros and Cons of Plea Bargaining
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.
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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.
Common Questions About Plea Deals
Common Questions About Plea Deals
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What Are the Different Kinds of Plea Bargaining?
There are several different types of plea bargains, which may go by the follow terms:
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If I Reject a Plea Bargain and Lose at Trial, Will I Get a Harsher Sentence than the One Offered?
There is a risk that the prosecutor may end up recommending a harsher sentence than the one proposed as part of the plea bargain. Or, even if the recommendation remains the same, the judge may not follow it.
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How Many Criminal Cases Actually Go to Trial?
It’s no secret that the overwhelming majority of criminal cases never reach trial.