What Is a Plea Bargain in the Criminal Justice System?

A plea bargain in a court case is an agreement between the prosecutor and defendant in which the defendant pleas to a reduced charge or fewer charges. In exchange, other charges would be dropped, or there would be an agreed-upon sentence.

Definition of a Plea Bargain

Merriam-Webster Online Dictionary lists only one definition for a plea bargain. Plea bargaining is "a negotiation of an agreement between a prosecutor and a defendant whereby the defendant is permitted to plead guilty to a reduced charge."

In the courtroom, however, a plea bargain may take on different forms. For example, in criminal traffic court, the prosecutor may offer the defendant the option to plead to one count in exchange for dropping another. Or the prosecutor may offer to amend a speeding violation to no points on a person's driving record in exchange for a guilty plea by the defendant.

There are many reasons for a plea bargain. The defendant wants to get the best deal possible. Also, plea bargains save time and money by preventing a full-blown trial on the charges.

The Players in a Plea Bargain

There are three main players in a plea bargain: the prosecutor, the defendant and the judge.

The prosecutor is the person who brings the case forth in court. She may represent a city, town, county, state or the federal government. The prosecutor decides whether to make a plea bargain to the defendant.

The defendant is the one who is charged with the criminal violations. The defendant does not have the right to a plea bargain. It is up to the prosecutor whether she would like to make an offer.

The judge is the person who either accepts or denies the plea bargain and then ultimately hands down the sentence. There are times when a judge does not feel that the plea bargain is appropriate, warranted or acceptable and could reject the plea bargain even if the prosecutor and defendant agree.

Dropping of a Charge

One common type of plea bargain allows the defendant to plead guilty or no contest to one charge. In exchange, the prosecutor will drop a second charge. For example, a defendant is charged with domestic violence and criminal trespass. The prosecutor may propose that if the defendant pleads to domestic violence charge, she will drop the criminal trespass charge. This type of plea bargaining can occur in traffic cases and other criminal cases.

Amending of a Charge

Another type of plea bargain is when the prosecutor offers to amend a charge to a lesser offense. To illustrate, in some jurisdictions, domestic violence is a first-degree misdemeanor punishable up to a $1,000 fine and 180 days in jail. The prosecutor may offer to amend the domestic violence charge to a lesser offense, bringing down the potential fine and jail sentence.

Reduced Sentece

The prosecutor can also allow the defendant to plead to the original charges, but she will recommend a lesser sentence to the judge. This occurs more often in severe cases, such as murder. For example, the prosecutor may take the death penalty off the table in exchange for the defendant pleading guilty to the original murder charge.

References

• Merriam Webster Dictionary: Plea Bargain