Why wasn't I offered a plea deal?
Asked by: Austen Jenkins | Last update: December 17, 2025Score: 4.7/5 (64 votes)
The Reader's Digest Version: If a prosecutor refuses to plea bargain at all, it may be because the prosecutor is a jerk. It may also be because in certain types of cases, including after certain stages of the case, plea bargaining is prohibited by statute.
Why would the prosecutor not offer a plea deal?
Mainly because he or she thinks the crime is too serious to merit one. Sometimes it's because the case is high-profile and the prosecutor wants to try it for career reasons, besides thinking that a jury conviction is likely to result in a stiffer sentence than a plea bargain would.
Who decides whether a plea bargain will be offered?
The judge has the authority to accept or reject a plea bargain. They will consider the nature of the charges and the defendant's criminal history, if any, as well as the circumstances surrounding the case.
Are plea deals always offered?
The frequency of plea deals offered before trial depends on several factors. A key factor is the strength of the case. If there is strong evidence against the defendant, the prosecution would be more confident of securing a favorable outcome in trial, and as a result, would be less likely to offer a plea deal.
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.
Why do innocent people plead guilty to crimes they didn’t commit?
When can a judge refuse a plea bargain?
If a plea bargain appears to undermine the interest of justice, the judge will likely refuse it. For instance, if the judge feels the deal the prosecution is offering is too lenient for the crime committed or the criminal history of the person who is taking the deal.
How likely is a plea bargain?
Plea bargaining accounts for almost 98 percent of federal convictions and 95 percent of state convictions in the United States. So prevalent is the American plea-bargaining system that the US Supreme Court wrote in 2012 that ours “is for the most part a system of pleas, not a system of trials.” Missouri v.
Do victims have to agree to plea deals?
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.
How long does plea bargaining 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.
Why do most cases never go to trial?
But most cases end pursuant to a plea bargain. Plea deals often make sense for both sides. The government doesn't have the resources to try every case. Plus, it sometimes doesn't want to run the risk of acquittal.
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.
What are three reasons a defendant may choose to accept a plea bargain?
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 prosecutors like going to trial?
Do Prosecutors Want to Go to Trial? Just like the defendants weigh their options, so do prosecutors. Prosecutors typically have more resources available to them, but they are still aware of the costs, time, and difficulties of going to trial. Prosecutors must also abide by professional conduct rules.
Is the first plea deal the best?
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.
What happens if someone refuses to plea?
If a defendant refuses to enter a plea or if a defendant organization fails to appear, the court must enter a plea of not guilty.
Why would a judge reject a plea bargain?
However, judges may reject a plea if they believe it is not in the best interest of justice, it undermines public safety, or it fails to address the severity of the offense adequately. Factors that might lead to rejection include: The seriousness of the crime. The defendant's criminal history.
How to initiate a plea deal?
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.
What happens if I plead not guilty and lose?
You will have an additional court appearance for trial. If you lose, you may receive a higher fine than that offered by the Town for a guilty plea.
Do they always offer a plea deal?
In some cases a prosecutor will not offer a plea agreement; if this is the case and going to trial is not in your best interest, we will work to negotiate a plea bargain so that serious penalties can be avoided and perhaps charges reduced.
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.
Can a victim talk to a prosecutor?
Yes, the victim of a crime can/should contact the prosecuting attorney to speak him about your case.
What if I don't take a plea deal?
When considering a plea deal, you usually have a set time to decide. This is often a few months from when the offer is made. If you don't accept by then, the prosecutor might extend the same offer or propose a new one, which might not be as good.
Who benefits most from plea bargaining?
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.
Is plea deal fair?
bargaining is known to cause discrepancies in sentencing outcomes. a plea are more likely to receive harsher sentences. seriousness of the current offense and prior record, are important factors in determining whether a charge will be reduced and by how much.