How Are Plea Bargain Negotiations Typically Conducted?

What Exactly is a Plea Bargain?

A plea bargain, often called a plea deal or plea agreement, is a legal process involving the defendant, the defending attorney, the prosecuting attorney, and a judge. Plea bargains exist in criminal courts, not civil courts. A civil court has something similar, known as a plea deal, where the two parties agree to a settlement.

A plea bargain may be offered when the government has a strong case against the defendant.

What Are the Benefits of a Plea Bargain?

Plea bargains may benefit both the defending and prosecuting party, with some caveats, of course.

Prosecutors tend to face a packed schedule, burdened with heavy workloads and limited resources. If the defending party accepts a plea bargain, this is one less case the prosecuting attorney will need to prepare for and carry out.

Prosecutors care about their stats. They are seeking a successful trial, and if a defendant accepts a plea agreement, then the trial is considered a win. A plea bargain can help ensure there is no risk of a trial loss.

Likewise, the judicial system is just as burdened with caseloads. When a prosecutor can offer a bargain tempting enough for the defendant to accept, this lessens the workload for the court system. A defendant who confesses to a crime does not need a criminal trial.

A defendant may see several benefits to accepting a plea bargain. When a defendant can not afford bail, they may have to stay in jail for the weeks or months leading to their trial. Even when the case finally reaches the courtroom, the defendant will still remain in jail for the duration of the trial. If the prosecutor offers a plea bargain with a reduced charge and a lighter possible sentence, the defendant may see this as their way out of jail.

A defendant who holds a professional license, perhaps an accountant, healthcare professional, or a commercial driver, may be afraid of losing their license. Many professional licenses can be revoked if an individual holding the license receives a felony conviction. Depending on the crime, a prosecutor may not only be aware of the defendant's professional license but may use that knowledge when offering a plea bargain. Offering to remove a felony charge, offering a lesser charge, like a misdemeanor, in exchange for a guilty plea can be tempting for a professional not wanting to lose their license.

Like prosecutors and court systems, defendants have limited time and resources, as well. A defendant may see it as a benefit to plea guilty in order to avoid a spendy, time-consuming criminal trial. The defendant will still be responsible for any fees they incur as a result of their crime, but a plea bargain can lessen the financial impact on the defendant.

Let's be honest: a criminal charge of any sort is stressful. When facing a criminal charge, the defendant can be worried about their financial situation, social reputation, losing their licenses, losing time with their family, and waiting to find out if they may lose their freedoms. A defendant may accept a plea bargain in order to minimize these stressors. Someone who accepts a plea bargain and receives a lesser charge may face fewer repercussions to their social standing. They can maybe maintain some of their reputation in the public eye as someone with a misdemeanor rather than a felony. They miss less time at work, which can limit the impact on their family life.

Plea bargaining is the primary method through which judges, prosecutors, and defense attorneys cooperate, working towards their individual and collective goals. A good plea bargain should benefit both the prosecutor, the defendant, and the criminal justice system.

How Are Plea Bargains Negotiated?

Plea bargaining happens after the suspected crime, after the arrest procedures, but before a criminal trial. At this point, the defendant has been charged with a crime but not convicted of a crime. A conviction requires a criminal court trial, something prosecutors are usually trying to avoid in the form of a plea agreement.

Both the defending party and the prosecuting party may initiate negotiations over a proposed plea bargain. Both parties must agree upon a plea agreement before one comes to pass.

The process of negotiating a plea bargain is a private endeavor between the prosecuting and defending parties. While some laws are changing when it comes to victim's rights when it comes to plea bargaining, the state of California does not have laws in place for victims of crimes when it comes to plea bargain negotiations, except for the right to be timely informed of a plea bargain.

Part of the plea bargain negotiation obviously pertains to the defendant's fate. The prosecutor has many tools in their kit when it comes to creating an enticing bargain, from seeking a lesser conviction, dropping a collection of charges for the guilty plea of a specific charge, or with the prosecutor recommending a more lenient sentence. It is important to be aware that the Judge is not required to accept the prosecutor's suggestion of leniency.

Plea bargains are often subject to the approval of the court.

What is the Job of the Defending Attorney?

If someone is facing a criminal charge, they need an attorney. A talented defense attorney is there to help the defendant understand the criminal court process. It can be harder for a defendant to understand the legal consequences of accepting or denying a plea agreement, leading to a more expensive outcome with harsher punishments.

If you are facing a criminal offense, please call the law office of Hurwitz Law Group at 323-244-4147 to schedule a free and confidential consultation.