A plea bargain is an agreement in a criminal case between a defendant and the prosecution in which the defendant agrees to plead guilty or no contest to a charge. In exchange for the guilty plea, the prosecution agrees to one or more of a few results:
- The prosecutor may drop additional charges in exchange for the guilty plea;
- The prosecutor may lessen a charge to a less severe offense in exchange for a guilty plea; or
- The prosecutor may suggest a specific sentence to the judge in exchange for the guilty plea.
Even though both the defendant and the prosecution may agree to a plea bargain, the agreement is usually up to the discretion of the judge, who must review the agreement and make the final judgment on it.
What Are the Different Types of Criminal Pleas?
The following are three types of pleas that a defendant may enter:
- Guilty: A guilty plea is a full admission of guilt and a waiver of rights. Most defense lawyers would not recommend a defendant plead guilty unless doing so had some advantage. For example, a guilty plea may be exchanged for a favorable sentence. Another suitable reason to plead guilty could be that other charges would be brought against the defendant unless they plead guilty within a specific time frame.
- Not Guilty: The most common criminal court plea, pleading not guilty, is a total denial of any guilt. Even if the individual feels they are guilty, pleading not guilty will allow the defense time to inspect and examine the discovery (details on the crime that the prosecutor must provide to the defense) associated with the case.
- Nolo Contendere (no contest): A no contest plea means that the defendant neither agrees nor disagrees with the charges against them. Though this may sound appealing to a defendant because it is not a guilty plea, it can have severe consequences.
A guilty plea will automatically be entered if a defendant fails to enter a plea or fails to appear in court.
The Court Must Consent to a Guilty or No Contest Plea
There are several steps involved in entering a guilty or no contest plea. For the court to accept either a guilty or no contest plea, the defendant must be placed under oath, and they must comprehend the following:
- The defendant must acknowledge that they understand their constitutional rights, including the right to counsel;
- The nature of the charges;
- The waiving of their constitutional rights, including the right to trial, the privilege against self-incrimination, and the right to cross-examine their accusers in a court of law; and
- The penalties are associated with a guilty plea or a plea of no contest.
The court will also ensure that the defendant’s plea was unforced and not made under duress or coercion, nor did it result from any threat.
Finally, the court must determine a factual basis for the defendant to plead in such a manner. The court will investigate the evidence, and if there is reasonable cause that the defendant committed the crime, the plea will be accepted.
Are Plea Bargains Common?
Plea bargains are very common in our court system—about 90% of criminal cases end in plea bargaining. Due to the volume of cases that the courts have to deal with, plea bargains help keep things moving.
They are faster than a full trial and deliver both sides of the case with a measure of command over the outcome. The outcome of a trial may not be predictable, even after days or weeks of work on the subject. Nevertheless, both sides of the case have a fair idea of the outcome of a plea bargain.
How and When Is a Plea Bargain Negotiated?
A plea bargain can be negotiated during the criminal justice process. Most are negotiated between the filing of charges and the commencement of trial because part of the idea of a plea bargain is to avoid an unnecessary trial.
However, suppose a trial ends in a hung jury, where the jurors are split in their decision and cannot reach a unanimous verdict. In that case, the parties can negotiate a plea bargain instead of going through with the time and expense of a second trial.
If a defendant accepts a plea bargain that the judge ultimately rejects and the case proceeds to trial, the plea bargain details are not disclosed to the jury. The jury does not even know that a plea bargain was considered.
What Is Judicial Discretion?
While the defendant and prosecution negotiate the plea bargain, ultimately, the judge has the final voice in whether the agreement is authorized. When deciding whether to accept the proposed agreement, the judge can evaluate several elements, including (but not limited to):
- The facts of the case;
- The gravity of the charges;
- The defendant’s character; or
- The defendant’s previous criminal record (if any).
The judge can either accept the plea bargain, deny it, or (in some circumstances) accept it with conditions. For example, suppose the plea bargain allows the defendant to complete community service instead of jail time. In that circumstance, the judge may demand that the community service be completed by a specific date. If the defendant does not satisfy the conditions set forth by the judge, the plea bargain may be thrown out.
As with all cases, the judge must obey the local jurisdiction’s rules. It is good to consult an attorney acquainted with your local rules if you have any questions regarding judicial discretion in a plea bargain.
How Does a Plea Bargain Affect My Criminal Record?
Accepting a plea bargain counts as a criminal conviction on your criminal record. Any privileges or rights (such as the right to vote) that you would lose after a conviction at trial, you still lose after accepting a plea bargain.
Ultimately, whether to accept a plea bargain is the defendant’s choice. No one can force you to accept a plea bargain. Nevertheless, several factors should probably weigh into your decision. If you are a licensed professional who may risk losing your license if you have a felony conviction, you may consider accepting a plea bargain that lowers the charge to a misdemeanor.
It is a good idea to listen to your lawyer’s estimate of your chances at trial when you are considering the decision. If your lawyer suggests that you are unlikely to win at trial, you may consider agreeing to a plea bargain.
What Happens If the Prosecutor Goes Back on the Plea Bargain?
The basis of a plea bargain is the agreement between the defendant and the prosecution. If a defendant breaks their side of the agreement, it acts as a breach of contract. The prosecution will not be directed to keep to their side of the agreement and can retain the charges or recommended sentence just as they were before the agreement.
If the defendant keeps their side of the agreement but the prosecution does not, the defendant can turn to the judge for relief. The judge may let the defendant remove their guilty plea or may enforce the prosecutor’s side of the agreement.
Should I Consult an Attorney for a Plea Bargain?
Deciding whether to accept a plea bargain can be challenging. There are often many different aspects to consider in the decision. While the plea bargain may give you less extreme penalties than you would if convicted at trial, you may still end up with criminal charges that could affect future job prospects or other life options.
Suppose you are part of a criminal case or face criminal charges and consider a plea bargain. In that case, it is in your best interests to consult a criminal defense attorney who can help give you a professional view of your chances at trial and the pros and cons of the bargain. An attorney near you can also help guide you through the process to get the best possible outcome for your circumstances.
