How to Plea Bargain a Criminal Case

Primarily used by prosecutors to secure the testimony of an accused person against a co-conspirator charged with a more serious crime, a plea bargain can be a viable option in a criminal case in which the evidence against you is overwhelming. Often, you can negotiate a reduced sentence by pleading guilty to a lesser charge in exchange for agreeing to certain conditions, which will vary depending on the specific circumstances of your case.

Things You'll Need

• Criminal lawyer

Instructions

1. Differentiate the 2 different types of plea bargain. A charge bargain allows an accused individual to plead guilty to a lesser crime than the one he is charged with, usually with the expectation that he will then testify against another defendant. A sentence plea bargain occurs when a judge informs a defendant of what sentence he will receive if he pleads guilty, and it is then up to defendant to accept or reject the plea bargain.

2. Consider pursuing a plea bargain before criminal charges are actually filed. This can be a useful strategy if an investigation is ongoing and charges are pending but have yet to be actually filed. If you pursue a plea bargain before charges are filed, you may have options available to you to plead guilty to charges that are substantially less than what you'd qualify for if you waited until after a formal charge has been laid.

3. Ensure, with the help of your lawyer, that the time and date of the plea bargain is clearly stated on the documents that outline the terms of your deal. Have your attorney negotiate and review all the terms of your plea bargain before you agree to it in writing.

4. Make reference to the written plea bargain during the court proceedings, so the plea bargain's existence becomes a matter of court record. This is usually enough, as the exact terms and conditions outlined in the plea bargain do not normally need to be repeated in detail for the record.

5. Act in accordance with the terms of your plea bargain, providing testimony in court and whatever else is required of you.

Tips & Warnings

• You can have a court order taken out if the prosecutor breaks the plea bargain she made with you. This may protect the terms and conditions of the plea bargain you agreed to.

• The offer of a plea bargain can be a scare tactic used by prosecutors to frighten a rattled defendant into pleading guilty when, in reality, he has a realistic chance of beating the charges during a trial. The only answer is to have faith in your lawyer, so hire the best one you can afford.

• A prosecutor has the ability to revoke an agreed-upon plea bargain, if you fail to meet the terms and conditions outlined therein. In such a case, you will be forced to stand trial.