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Plea Bargains Explained

Most criminal cases in the United States end with a plea, not a trial. A plea bargain is an agreement in which the defendant pleads guilty or no contest in exchange for something from the prosecution, usually a lesser charge or a lighter sentence.

Common types of plea deals

  • Charge bargaining: pleading to a less serious charge, such as a misdemeanor instead of a felony. See misdemeanor vs. felony.
  • Count bargaining: pleading to some charges in exchange for others being dropped.
  • Sentence bargaining: pleading guilty in exchange for a recommended or agreed sentence.
  • Diversion or deferred adjudication: completing conditions like classes or community service in exchange for the charge being dismissed or not entered as a conviction. Availability varies by state and charge.

What you give up

Pleading guilty usually means giving up the right to a trial, the right to confront witnesses, and the right not to incriminate yourself, and it limits the right to appeal. The judge will ask questions to make sure the plea is knowing and voluntary. In many cases the judge does not have to follow the prosecutor's sentencing recommendation.

Questions to ask before accepting

  1. What is the strength of the evidence against me?
  2. What is the realistic sentence if I go to trial and lose, compared with this offer?
  3. Will this be a conviction on my record, and can it be expunged later? See how to get a criminal record expunged.
  4. What are the effects on my license, job, housing or immigration status?
  5. Is there a deadline, and could a better offer come later?

For non-citizens, the immigration effects of a plea can be severe. Defense lawyers must advise about them; ask directly.

Why having a lawyer matters

Plea negotiations depend on knowing the weaknesses in the prosecution's case. A defense attorney reviews the evidence, files motions that can improve the offer, and explains the trade-offs. See public defender vs. private attorney.

Find a criminal defense attorney near you.

This guide is general information, not legal advice.