According to Black’s Law Dictionary, plea bargaining is a “process whereby the accused and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case subject to court approval. It usually involves the defendant’s pleading guilty to a lesser offense or to only one or some of the counts of a multi-count indictment in return for a lighter sentence than that possible for the graver charge.”

Plea bargaining is when the defendant (and his or her attorney) agrees to a deal with the prosecutor regarding criminal charges. This deal “settles” the criminal case usually based on specific conditions and guidelines. The district attorney or prosecuting attorney will ask the defendant for a guilty plea in exchange for a lesser or even “suspended” sentence. The prosecution also has the authority to reduce charges and in some cases will dismiss or throw out certain counts or charges.

It is important to note that most (more than 90%) criminal cases end with a plea deal.

So what are the advantages of plea bargaining?

Defendant plea deal advantages

  • Facing multiple charges or counts (meaning a possible sentence of years in jail) is a big advantage for a defendant when it comes to plea deals. A plea can help get multiple charges dismissed/dropped as well as the possibility of significantly reducing sentences and punishments.
  • Saving thousand and thousands of dollars on attorney fees should your case go to trial.
  • Ending a case before trial can also have less of an impact on a personÂ’s life (you can get back to work sooner and not lose lose so much time and money during a lengthy trial…not to mention the toll it takes on people emotionally)

Criminal defense advantages

  • a plea means less time and work for attorneys so this savings is passed along to client

Prosecution advantages

  • they get a guilty plea and can dismiss or drop some charges and reduce penalties on a case by case basis

Court advantages:

  • courts can dispose of cases faster and avoid backlog and overload of criminal cases so they can operate more efficiently.
  • defendants can be sentenced to probation and other alternative to incarceration programs (ATI programs in New York) which reduces the number of inmates entering jails and prisons and keep inmate populations down and saves federal, state and local tax dollars

So what are plea deal disadvantages?

  • defendants lose some of their rights (i.e. the right to have a trial by a jury)
  • defendant cannot appeal once they sign a plea agreement
  • many people complain prosecutors give out lenient and soft sentences in exchange for guilty pleas.
  • courts have the final say with a plea deal, even though the prosecutor and judge have an agreement. This means if the courts do not approve the plea the case will go to tria

Overall, plea bargains have a very big impact on the criminal justice system. Plea bargaining helps everyone throughout the criminal process: the defendant, defense attorneys, prosecutors, courts and jails/prisons.The criminal justice system would be at a great disadvantage without the use of plea bargains.

What are the three types of plea bargains?

  • Charge Bargaining -This is a common and widely known form of plea. It involves the prosecutor and defendant/defense attorney negotiation of specific charges or crimes that the defendant will face at trial. The prosecutor will dismiss some higher charges or crimes in exchange for a guilty plea to a lesser charge.
  • Fact Bargaining – This type of plea deal involves the defendant admitting to certain facts (“stipulating “to the existence and truth of the facts that can be proven, which relieves the prosecutor from the burden of proof) in exchange for an agreement not to introduce certain other facts into evidence
  • Sentence Bargaining – Sentence bargaining involves the agreement to a plea of guilty (for the stated charge rather than a reduced charge) in return for a lighter sentence. It saves the prosecution the necessity of going through trial and proving its case. It provides the defendant with an opportunity for a lighter sentence.