Criminal cases can be resolved in one of three ways: dismissal, plea agreement, or trial verdict. The vast majority of criminal cases end with a plea bargain.
This is true in all jurisdictions, state and federal, and with all types of criminal cases. In criminal cases, plea bargaining involves negotiations between the prosecution and the defense, where the defendant agrees to plead guilty to a lesser charge or receive a reduced sentence in exchange for avoiding a trial.. The judge then reviews and can accept, modify, or reject the plea deal. With a plea bargain, it is important to remember that the defendant agrees to plead guilty and is convicting his or herself.
The most important thing with a plea bargain is knowing the consequences. Clients frequently ask us if we think a plea offer is a good deal. We can give advice about whether it makes sense to take a plea deal, but details matter. And different clients care about different details and different kinds of outcomes. Some plea bargains mean that the client could get deported, others might cause the client to lose their license (to teach, to be nurse, to own guns, and the list goes on). The key is to have the plea agreement thoroughly explained before taking the deal so that all direct and collateral consequences are fully understood.
