Plea-Bargain Basics

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 prosecution.

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?

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.

How many criminal cases actually go to trial?

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