A plea bargain, or plea deal, is an agreement between you and the prosecutor to resolve a criminal case. You agree to plead guilty rather than taking the case to trial. The prosecutor will often agree to reduce the charge or the penalties of the conviction. A plea deal can be struck at any point before the verdict.
What is a plea deal?
A plea deal is a binding agreement between you and law enforcement. You agree to plead guilty to the charges laid out in the plea deal. In many cases, the prosecutor agrees to make the charges in the plea deal less severe than the original charge that you were facing.
The judge then has to approve the plea bargain for it to become effective. The judge will go to significant lengths to ensure that you understand the nature of the plea bargain. The judge will also make sure that you agreed to it voluntarily.
By taking a plea bargain, you give up your constitutional right to a trial. Instead, you agree to admit to the criminal offense laid out in the plea agreement. This leads to a criminal conviction. You will then go straight to the sentencing hearing.
In some cases, accepting a plea deal can be in your best interests. If the prosecutor has a strong case and is willing to accept a deal that has terms that you want, the penalties may be less severe than if the case went to trial.
In other cases, a plea bargain may not be in your interests. If you have a strong legal defense to the charge, pleading guilty would mean you never get to use it. If the prosecutor offers a reduced sentence in these situations, it may be an attempt to avoid pursuing a weak case that the prosecutor does not think they can win.
Whether to take a plea bargain or not is often one of the most important decisions that you have to make. The best way to know if it is in your best interests or not is to discuss it with a criminal defense attorney from a local law firm.
How does the plea bargaining process work?
The plea bargaining process is a negotiation between you, usually through your criminal defense lawyer, and the prosecutor. Criminal law allows plea negotiations to begin early in the criminal process. They often begin at the arraignment. A plea deal can usually be struck at any point before trial. Either side can initiate the plea bargaining process.
Many plea bargains are struck during the pretrial phase of the criminal justice system. In California, many plea deals for felony cases are made during or after the preliminary hearing.
Why are so many criminal cases resolved through a plea agreement?
The vast majority of criminal cases are resolved through a plea deal, rather than by trial and verdict. This is because a plea bargain can be seen to benefit all of the parties involved.
For you, a plea deal provides a sense of certainty in sentencing. If you refuse the plea deal and take the case to a jury trial, you might get acquitted by the jury. However, if you get convicted, you will be subject to a range of sentences and penalties. Because the plea deal says exactly what the sentence will be, you may see it as a predictable option, especially for serious charges.
You may also not have the resources or ability to take your case all the way to a criminal trial. Ending it early reduces the cost and stress of a criminal allegation.
For the prosecutor, a plea deal means that the criminal case gets resolved more quickly. The district attorney does not have to prepare for trial. They can stop gathering evidence and interviewing the victim and witnesses. This saves time and money. When enough criminal cases are resolved through the plea bargaining process, the District Attorney’s Office does not need to keep as many prosecutors on staff.
The benefits for the court are similar. By resolving the case early on, without the need for a costly and time-consuming trial, it preserves the limited resources of the court system.
What are some common types of plea bargains?
There are 4 common types of plea bargains. They are based on what is covered by the plea deal:
- charge bargaining, where you agree to plead guilty to a lesser offense or reduced charge,
- sentence bargaining, where you plead guilty to the same charge in exchange for the prosecutor’s recommendation that the court imposes a lighter sentence,
- count bargaining, where you are facing multiple offenses and agree to plead guilty to one of them in order for the others to be dropped, and
- fact bargaining, where you plead guilty in order to keep certain damaging facts out of the court records.
Charge bargaining is one of the most common. It is especially common if you are accused of a first offense of driving under the influence (DUI). In California, the prosecutor may offer a plea bargain that requires your guilty plea to be a “wet” reckless. This lesser charge is a misdemeanor. It is a less serious offense that comes with lower penalties and often less jail time. However, it can be used as a prior DUI offense, should you face criminal charges for DUI in the next 10 years.1
Sentence bargaining is common with low-level offenses that have diversion programs. If eligible you can plead guilty and enter the diversion program. These programs are similar to probation. If you complete it successfully, the charges will be dropped or dismissed. They can then expunge the entry from your criminal record.
Fact bargaining often involves a no contest, or nolo contendere, plea. Rather than pleading guilty, you merely agree to accept whatever punishment that the court imposes. This is especially common if you want to protect your reputation. By pleading no contest and accepting the court’s punishment, the facts of your case are never developed.
Legal References:
- California Vehicle Code 23103.5 VC.
