ABA Family Legal Guide

Criminal Justice

Court Procedures

Initial Criminal Court Proceedings

What are plea bargains?

Plea bargains are legal transactions in which a defendant pleads guilty to a lesser charge or pleads guilty to the original charge in exchange for some other form of leniency, such as the imposition of the minimum sentence or dismissal of more serious charges in a multiple dismissal case. The rationale is based on the notion of judicial economy--plea bargains avoid the time and expense of a trial, freeing up the courts to hear other cases. The benefit to defendants is that the process is completed much sooner than it would be if they went to trial. Further, defendants are afforded a sense of certainty; they know what the outcome of their case will be, rather than taking their chances at trial.

Generally, such offers are more generous in the early stages of prosecution as an incentive to the defendant to bring the case to an early conclusion. An early disposition of the case tends to be favored by the prosecution and the judge because it eliminates several additional court appearances that would have been required had the case continued to trial.

In most cases, the defense would be better off waiting to investigate the case thoroughly and consider a later offer or possible dismissal of the charges. For example, consider the case of a person charged with attempted murder because he allegedly uttered a death threat when he shot someone in the leg. An early offer might be to plead guilty to assault with a deadly weapon, which is a serious felony carrying a sentence of several years. However, if the victim testifies inconsistently at a preliminary hearing, the prosecutor might realize that he or she would not be a credible witness at trial. Rather than risk an acquittal at trial, the prosecutor may offer to plead the case down to a misdemeanor, such as negligent discharge of a weapon.

If you do not accept the offer when the prosecution first makes it, the prosecutor is allowed to reduce or withdraw the offer.

You do not have a right to have the prosecutor negotiate a plea with you or your lawyer, but prosecutors usually will offer a plea bargain to reduce their heavy caseloads. In most jurisdictions, the court has no obligation to adhere to the bargain the prosecution offers, but in many cases the judge will accept the plea if a legal basis for it is established in court (see the question below regarding the judge's role in plea negotiations).

The plea bargaining process is not without its critics. Some victims' rights groups feel it is immoral for criminals to serve less time through plea bargaining than they would if convicted of actual crimes committed. In response to citizen pressure, some states, such as California, have passed laws severely restricting or even prohibiting plea bargaining in certain serious or violent crimes.