A plea deal is a legal agreement in which a defendant agrees to plead guilty (or no contest) to a criminal charge in exchange for concessions from the prosecutor. This can include reducing the severity of the charges, dismissal of specific charges, and a more lenient sentencing recommendation. 

Plea deals, also called plea agreements or plea bargains, are common in the criminal justice system. About 98% of cases are resolved with plea deals. 

Plea bargains don’t always work out in the defendant’s best interest. In some instances, defendants who can’t afford to post bail are forced to decide whether to accept a deal simply to avoid having to spend several months in jail, leaving them saddled with a lifelong criminal record.

What Is a Plea Deal?

Plea bargains are an effective way to keep prosecutors’ case dockets under control. In theory, you get the benefit of a reduced charge or lighter sentence, and they end up with one less case that has to go to trial. That said, they’re under no obligation to offer a deal, and you’re not obligated to accept one.

However, plea deals draw a fair amount of criticism, including lack of transparency, allowing prosecutors to coerce defendants into pleading guilty, and requiring defendants to give up their constitutional rights. For example, if someone can’t afford to hire an attorney or can’t afford to borrow from a bail bondsman, they may feel pressured into accepting a plea deal simply so they’re released from jail and able to go to work. This is why it’s essential to always consult an attorney before agreeing to accept a deal, even if your only option is a public defender.

There are three types of plea bargains, all of which result in the same outcome — reducing your penalties:

• Charge bargaining: You plead guilty to a lesser charge.
• Sentence bargaining: You plead guilty for a lighter sentence or fewer penalties. The judge ultimately decides this, which means it can be risky. Additionally, some sentences are set by law and can’t be changed.
• Fact bargaining: Prosecutors and defendants decide what version of events should be presented to the court. This is very uncommon.

In some cases, there’s no official “agreement.” A prosecutor simply agrees to recommend a sentence to the judge.

It’s important to note that the judge is not required to accept a plea deal or to follow the recommendation on sentencing, and if that happens, you will be unable to withdraw your guilty plea.

READ MORE: How long after a plea deal is sentencing?

Plea Bargaining Process

Some defendants specifically want to go to trial, and that’s OK. You aren’t required to accept a plea deal. Your attorney will explain your chances in court and let you know if a plea deal is a better option for your case, but ultimately, the final decision is yours alone.

Attorneys must present all plea bargain offers to their clients, regardless of whether they believe the deal is fair.

The process can take a long time. The court process is slow, and it can sometimes take a year or more to get a trial date. The prosecutor has complete discretion over whether to make an offer and when. They will also let you know how long you have to make a decision. 

Ultimately, though, the judge controls the timeframe. If the judge believes that negotiations have gone on for too long, the judge may require the prosecutor and the defendant to reach a deal by a certain date. If a plea is not reached by that date, the case is automatically set for trial.

Typically, the process is as follows:

• The prosecutor reaches out to your attorney (or you directly if you don’t have an attorney.) They will make an offer and give you a deadline to accept. Alternatively, your attorney can reach out to the prosecutor to determine whether they’re willing to consider a plea deal.
• Your attorney will review the offer and present it to you.
• You will discuss the offer with your attorney.
• If you agree, you will accept the offer. Otherwise, your attorney can attempt to negotiate the terms of the offer. We can present character references or evidence that you’re an upstanding community member, or you may be asked to write a letter expressing remorse for your actions.
• Once you’ve reached a mutually acceptable agreement, you will accept the offer. 
• A hearing will be set, typically for the next available court session, for the offer to be presented to the judge
• If the judge refuses to accept the deal, it will be withdrawn, and you will not enter a plea. After that, you will either go to trial or your lawyer will have to try to continue negotiations with the prosecutor. The prosecutor is not required to offer a new deal.
• If the judge accepts, you will immediately enter a plea. 

You may be sentenced at that same hearing, or a separate sentencing hearing may be scheduled. This will depend on whether you’re facing misdemeanor charges, felony charges, or federal charges. The judge, court, and jurisdiction will also be factors.

Sometimes the process can take days, and sometimes it can take months. Sometimes, the offers give you a way to avoid serious repercussions or having to go to trial. 

READ MORE: Do you go to jail immediately after a plea deal?

Example: Successful Plea Bargain

In one case, our client, a dean’s list student, was caught with a single joint and was facing marijuana possession charges. We reached out to the prosecutor to point out that the client had an exemplary history and otherwise clean record. The client could have ended up with a conviction on their criminal record. However, we negotiated a deal that resulted in an upfront dismissal in exchange for the defendant agreeing to perform certain prerequisite conditions. As long as there are no further incidents within six months and the defendant completes all of the prerequisite conditions, the defendant will have no conviction on their record. 

Our existing relationship with prosecutors in that area helped us advocate for our client to get the best possible outcome, which was no criminal record.

READ MORE: How long do you have to accept a plea deal?

Example: Unsuccessful Plea Bargain

However, sometimes, the prosecutor will try to offer a deal that is not particularly beneficial. Because the deal requires you to plead guilty, accepting an offer is no “bargain” if you would otherwise be found not guilty at trial. In those instances, we will advise you to refuse the offer and attempt to renegotiate. When all else fails, we’re always willing to take your case to trial.

More Commonly Asked Questions

What Happens if a Judge Rejects a Plea Deal?

There is no guarantee that the judge will accept a plea bargain. Judges can — and do— reject deals if they believe the plea is too lenient or too harsh or goes against the victim’s wishes.

If your attorney hasn’t adequately discussed the risks of this happening, it can be an unexpected shock. Generally, the entire agreement will be thrown out, and the case will proceed to trial unless the prosecutor decides to make another offer.

What are the Pros and Cons of Plea Deals

The biggest pro is that you’ll have certainty about your case outcome. Trials always have an element of risk. The con is that plea deals require that you plead guilty or no contest, and you’ll be left with a criminal record.