How to Plea Bargain to Avoid a Criminal Jury Trial

A plea bargain is a legal agreement between a defendant and the prosecution in which the accused agrees to plead guilty to avoid a trial. The defendant receives a lighter sentence as part of the bargain. If you want to "plea down" a case, follow these steps.

Instructions

Difficulty: Moderate

Things You’ll Need:

• Criminal lawyer

1. Understand that plea bargains are common in the United States and are often used when the evidence against the defendant is overwhelming. They help considerably in easing the burden on the justice system and managing taxpayer costs.
2. Discuss your options with your lawyer before you agree to plea bargain. If your lawyer thinks you stand a realistic chance of winning the case, you may be better off standing trial.
3. Have your lawyer negotiate the terms of your plea bargain with the prosecuting attorney on your behalf. You must approve (in writing) any plea bargain reached between the two sides to make it legally binding.
4. Do not allow yourself to be browbeaten into a plea bargain if you did not commit the crime. This occasionally happens when the defendant faces serious penalties (life imprisonment or death). Have faith that justice will prevail if you are innocent.
5. Agree to a plea bargain only if you are absolutely certain it is the best course of action in your situation.
6. Remember that your rights are protected. You have the right to fair and nondiscriminatory treatment at the hands of the criminal justice system. Learn more from the Web site of the American Civil Liberties Union (see Resources below).

Tips & Warnings

• If you plea bargain, your conviction will appear as part of your permanent criminal record.