How a Plea Bargain Works

The prosecutor has the option to make a bargain with particular defendants before a person pleads guilty or not guilty to an offense.  A plea is a declaration of whether you are guilty of the charged crime.  A plea of “not-guilty” means the person charged with the crime denies responsibility for the crime charged to him.  A plea of “not-guilty leads to a trial and the person might end up being cleared of the crime because it can’t be proved beyond a reasonable doubt, or the defendant may be found guilty and sentenced accordingly.  Sometimes, a defendant is given the opportunity to plead guilty to a charge and in exchange for that plea he is guaranteed a lesser punishment.  Sometimes defendants also agree to testify against others charged in exchange for a lighter sentence for themselves. 

Counsel Representation

A defendant must be represented by counsel in order for the prosecutor to offer a plea bargain because an unrepresented defendant might not fully appreciate the consequences of the plea bargain.  If the defendant cannot afford to hire an attorney, a public defender will be assigned to the defendant’s case.  A public defender can make a plea bargain with the prosecutor.  This is a very important consideration when deciding whether to accept the services of a public defender or to represent yourself.

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Are Plea Bargains Necessary?

The prosecutor is not required to offer a plea bargain and there are cases where the prosecutor will not offer a bargain.  It is his discretion. There are circumstances which do not allow a prosecutor to offer a plea bargain and a defendant should never assume he has the option to make a bargain. Even if a defendant is not offered a plea bargain, it may benefit the defendant to plead guilty,  just to avoid a lengthy trial. A trial before a jury, or even before a judge, can make very personal details of an offense public through the process of the trial and public records resulting from the trial.

Accepting a Plea Bargain

The court must approve the bargain and there are some guidelines as to what the prosecutor can and cannot bargain. The court will also make a determination as to the voluntariness of the plea bargain. The defendant must make the plea voluntarily and not make it because he is under pressure or because he has been threatened.  If the defendant agrees to testify and then decides not to testify, the plea bargain will be void.