Christy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
Christy Bieber, J.D. ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
Written By Christy Bieber, J.D. ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
Christy Bieber, J.D. ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
ContributorAdam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Updated: Jun 12, 2023, 4:00am
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A plea bargain is an agreement between a prosecutor and a defendant. Many cases in the United States end in plea bargains, and there are both benefits and downsides to plea bargaining for both defendants and the state.
This guide explains what a plea bargain is, how they work and when defendants should consider accepting a plea bargain.
A plea bargain occurs when:
When a defendant enters into a plea agreement, the defendant typically must stand up in court and admit they violated the law. The prosecutor makes a recommendation to the judge in accordance with the terms of the plea agreement. However, judges do retain discretion and are not required to abide by the deal that the prosecutor made.
Plea deals are generally treated as contracts between a prosecutor and a defendant though. If a prosecutor does not follow through on their end of the agreement, the defendant may be able to seek relief from a judge including being allowed to withdraw their guilty plea. And if a defendant fails to fulfill their obligations, prosecutors do not have to be bound by the terms of the deal.
When a defendant agrees to a plea bargain, a full criminal trial to determine guilt does not need to take place. However, a sentencing hearing may still be necessary. During this hearing, the judge will make the final decision on the penalties imposed upon the defendant.
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When a defendant enters into a plea deal, usually the defendant must plead guilty and admit they violated the law. In some cases, though, a defendant will instead plead no contest or enter a nolo contendere plea.
There are important differences between a no-contest plea and a guilty plea. When a defendant pleads no contest, they indicate they don’t dispute the charges against them but they are not admitting they are guilty of the crime.
Defendants may agree to a no-contest plea if they fear the evidence will lead to a conviction and don’t want to take the chance of harsher penalties, but they don’t want to admit they broke the law. The no contest play can’t be used in subsequent criminal proceedings as an admission of guilt.
Either a prosecutor or a defendant can begin negotiations on a plea agreement. And there are benefits for both parties.
If the prosecutor and defendant agree on a plea deal both parties believe is fair, the case will proceed with the defendant entering a guilty plea.
Sometimes, prosecutors will impose additional conditions on a deal beyond a defendant admitting guilt. For example, a prosecutor might allow a defendant to plead down to a less serious charge if the defendant agrees to testify against others involved in the same criminal misconduct.
After the defendant enters a guilty plea, the prosecutor makes their recommendations and the judge determines appropriate sentencing. Usually, judges will abide by the terms of plea agreements and impose the sentence the prosecutor and defendant agreed upon in exchange for the defendant admitting guilt.
Plea bargains can happen in almost any type of case. For example:
Prosecutors and defendants can work together to determine what type of deal is appropriate given the circumstances surrounding the case.
AdvertisementIf you have been charged with a crime, you may wish to negotiate a plea bargain if you believe the evidence against you is strong and if you are offered a deal that allows you to lessen the penalties that you could face.
If you believe that you can introduce reasonable doubt as to your guilt, though, you may not want to enter into a plea agreement as you will lose the chance to defend yourself and potentially get acquitted.
Alternatives to a plea bargain include going to trial to try to get a not-guilty verdict, asking the court to dismiss the case if there is insufficient evidence for a prosecutor to move forward, or entering into pre-trial diversion programs that could allow you to avoid a criminal record.
An experienced criminal defense lawyer can help you to determine if a plea bargain is right for you or if these alternatives could help you to get a better outcome.
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Whatever criminal charges you may be facing, work with a top-rated criminal defense lawyer who can explain all your options and guide you right.
AdvertisementWhen you agree to a plea deal, you agree to admit you are guilty of violating the law and committing a criminal offense. In exchange for your admission, a prosecutor may make some concessions. For example, the prosecutor may only bring some charges against you and not charge you for certain other offenses. Or the prosecutor may charge you with a less serious crime or may recommend a lenient sentence.
You may want to take a plea bargain if you believe that there is a strong likelihood you will be convicted of a crime and could face more serious penalties if you are convicted. If a plea agreement allows you to reduce the penalties that could apply to you if you are found guilty, negotiating a plea bargain could be your best way to respond to charges.
A defendant who agrees to a plea deal may be able to reduce the penalties they face if they are convicted of the crimes they have been accused of. In many cases, a prosecutor will agree to charge a defendant with a less serious crime, to recommend a more lenient sentence, or not to charge a defendant with all possible crimes they are accused of, in exchange for a defendant pleading guilty. A defendant can also avoid the stress and cost of a trial that is likely to end in a guilty verdict.
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ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has appeared on Forbes, CNN Underscored Money, Investopedia, Credit Karma, The Balance, USA Today, and Yahoo Finance, among others.
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