A plea bargain is the deal made between a defendant and the prosecutor that allows the defendant to plead guilty or no contest in order to have one or more charges dropped, reduced, or switched to an alternative sentencing the judge imposes. Plea bargains are used more often when criminal courts become backed up with cases. Instead of allowing a case to go to trial for an extended period of time, a plea bargain gives the prosecution and the defense an alternative sentencing they agree upon. While a plea bargain may seem like an anomaly, truth is that around 90% of criminal cases are settled with a plea bargain.

What should I know about plea bargains?

There are two different types of plea bargains that may be available: sentence and charge. In a sentence bargaining, the penalties received for the crime can be reduced for a guilty plea. In a charge bargaining, the prosecution agrees to drop or reduce some of the charges.

Outside of California, a plea bargain can be made at any point in the criminal trial process, starting after the arrest and continuing even through when the jury is deliberating the crime. A plea bargain can also be established during the appeals process.

In order to make a plea bargain, these steps will be followed:

• Each attorney will take their time to look over the details in the case
• The attorneys will meet with one another and negotiate a deal
• The deal will be brought to the client to accept or reject
• Depending on the case, the deal must obtain the approval of the judge

It is also important to decide whether or not to use a guilty or no contest plea. While both will put the charges on a criminal record, the difference occurs if a victim should sue in a civil case. A guilty plea in a civil case can be seen as an admission of guilt, while a no contest plea cannot be entered into evidence during a civil lawsuit. If someone thinks that there is a chance they may be sued, choosing no contest may be their better option.

Even if a plea bargain is entered, the criminal charges will appear on a record similarly to if the case went to trial. The defendant would further lose any of the rights they would have if a court deemed them guilty. The only way that this would not affect their record is if they had their records sealed or expunged as part of the plea bargain.