What Is a Plea Bargain and How Does It Work in Criminal Cases

A plea bargain is a bargain that the defense attorney enters into with the prosecution in order to get a lesser charge, and therefore, a lesser sentence, or quite possibly, a dismissal of the charges against his or her client. The terms of a plea bargain depend on the severity of the alleged crime, the strength of the evidence, and the prospects of a guilty verdict. The benefits for the defendant are numerous, especially if it looks as if the outcome of the trial might bring a guilty verdict.

While a plea bargain agreement may be ideal for the defendant, they are not always easy to enter into. The Federal government does recognize and accept the concept of plea agreements, however, it is harder to enter into one when in Federal court than when at the State court level. Federal crimes are often considered much more serious, and any departure from normal prosecution is looked at carefully and reviewed by many levels of the prosecutor’s office.