How to initiate a plea deal?
Asked by: Jasmin Gutmann I | Last update: October 5, 2025Score: 4.4/5 (25 votes)
In a typical plea bargain, the defense lawyer and prosecutor confer, and one or the other proposes a deal. The negotiations can be lengthy and conducted only after both parties have had a chance to research and investigate the case. Or, they can be minute-long exchanges in the courthouse hallway.
How to ask for a plea bargain?
If you want to plead guilty, ask your attorney to try and negotiate a deal. Keep in mind that after some prosecutors have prepared for trial, they sometimes don't want to re-extend an offer. Talk to your attorney. Good luck.
What would be three reasons a plea bargain would be offered?
Often, a plea bargain involves reducing a felony to a misdemeanor. This can be especially useful because it may allow the defendant to preserve their civil rights, retain a professional license, and protect their job prospects.
Do judges usually accept plea deals?
They can accept the plea agreement as it is, or they can reject it outright. If a judge rejects a plea agreement, they usually must state a justification on the record.
At what point can a plea bargain be arranged?
It can be arranged before the prosecutor files charges, or it can be arranged after the jury has started deliberating on its verdict in a case. A prosecutor even may be willing to negotiate a plea bargain after a conviction if the defendant appeals the conviction, and their argument appears to have merit.
How Do Plea Deals Work? House of Law Ep. 25
Why would a prosecutor not offer a plea deal?
IN HIGHLY PUBLICIZED CASES OF PARTICULARLY BRUTAL CRIMES, THE PROSECUTOR MAY ELECT TO BLAME AN ACQUITTAL ON THE JURY IN A WEAK CASE RATHER THAN ACCEPT A PLEA AND APPEAR LENIENT. THE PUBLIC INTEREST, HOWEVER, MAY BE BETTER SERVED BY EVEN A SHORT PERIOD OF CONFINEMENT. MOST PROSECUTOR'S CAREERS ARE RELATIVELY SHORT.
Who decides whether a plea bargain will be offered?
Judge's approval: In California, as in most states, the plea bargain needs to be approved by a judge. During the plea hearing, the judge will confirm that the defendant understands the rights they are waiving by pleading guilty, such as the right to a jury trial, and that the plea is voluntary.
What is the downside of plea bargains?
By taking a plea deal, the defendant gives up this opportunity. This means that they may be giving up the chance to be found not guilty if the case went to trial. Another downside to plea bargains is that defendants might feel pressured to accept a deal even if they believe they are innocent.
Should you take the first plea deal offered?
Usually, it is not in the defendant's best interest to accept the first plea offer. Before agreeing to any plea agreement, a defendant should understand: If they will receive a lesser penalty than what could be expected from trial. What the sentence is and when they will be eligible for probation or parole.
Does the victim have to agree to a plea deal?
Not only do victims have the right to offer written input into whether a plea bargaining agreement is proper, but also prosecutors must make a reasonable effort to provide them the opportunity to comment on the agreement terms.
Do you go to jail right away if you plead guilty?
In most cases, you will not be taken directly to jail. Instead you will be given a period of time in which to complete your commitment. Jail alternatives such as electronic home detention and community service are commonly imposed instead of jail if you do not have criminal history.
What is the most common plea bargain?
Charge bargaining.
This is probably the most common type of plea agreement. The defendant pleads guilty to a lesser offense in exchange for a more serious charge being dismissed.
Does pleading guilty reduce your sentence?
You may be able to enter into a favorable plea agreement with the prosecutor if you agree to plead guilty. They may drop the charges to a less serious offense or agree to reduce your sentence. This can be extremely beneficial, especially if you face a jail or prison sentence.
How long do plea negotiations take?
They can last a long time or be settled very quickly. Some plea bargain negotiations take until the eve of the jury trial. Others begin and end in under an hour, sometimes without a single court appearance. If you are unrepresented, you are unlikely to get a plea offer that varies much from the original charge.
What is the plea bargain rule?
- Plea Bargaining is the process in criminal proceedings 4 whereby the accused and the prosecution work out a mutuaily satisfactory disposition 5 of the case, as expressed and contained in the plea bargaining agreement, and subject 6 to court approval, including the piea of the accused to a lesser offense than that 7 ...
Why do prosecutors drag out cases?
Delaying the trial can serve many purposes. If the delay is based on proper reasons, it may allow the defense and the government to adequately prepare for the trial. For example, both sides can have ample time to gather and review evidence in the case.
How often do judges accept plea deals?
It is often said and widely accepted that ninety percent (90%) of criminal cases never make it to trial, due to plea bargaining. A plea bargain is an agreement between a defendant and the prosecutor for a lighter punishment in exchange for something else: usually a guilty plea, cooperation, or assistance of some kind.
Who benefits the most from a plea bargain?
Prosecutors benefit from plea bargains because the deals allow them to improve their conviction rates. Some prosecutors also use plea bargains as a way to encourage defendants to testify against codefendants or other accused criminals.
How do you negotiate a plea deal?
To get the best possible plea bargain, you approach the case from multiple angles. For example, you look for ways that the state's case is weak. You prepare a strategy to point out weaknesses to the state's attorney without revealing your trial strategy.
Can a plea bargain be rejected?
Yes, judges can reject a plea deal if they find it too lenient or too harsh.
Why do prosecutors offer plea bargains?
These agreements allow prosecutors to focus their time and resources on other cases, and reduce the number of trials that judges need to oversee. In plea bargains, prosecutors usually agree to reduce a defendant's punishment.
Is bail typically granted in a felony hearing?
Bail is typically granted during court hearings, often held shortly after a suspect's arrest and before the felony hearing. The judge decides on the amount based on factors such as the severity of the crime, the defendant's criminal history, and their likelihood of fleeing before trial.
Who initiates a plea deal?
Step 2: Initial Discussion The defense attorney initiates informal discussions with the prosecutor to explore the possibility of a plea deal. They discuss the charges, potential penalties, and the desired outcomes for both parties.
Why would a judge not accept a guilty plea?
Yes, the judge has a choice of whether to accept or reject a plea agreement. To make that decision, the judge evaluates whether the punishment is appropriate in light of the seriousness of the charges, the defendant's character, and the defendant's prior criminal record.
Should I take the first plea deal?
When the evidence against you strongly supports your guilt, it may be advantageous to accept a plea bargain; however, when the evidence is weak or non-existent, accepting a plea agreement will leave you facing criminal penalties you may have otherwise not have faced had you gone to trial and won.