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WHAT EVERY DEFENDANT SHOULD KNOW ABOUT PLEA BARGAINS

1. A PLEA BARGAIN IS A NEGOTIATED SETTLEMENT BETWEEN THE DEFENDANT AND THE PROSECUTOR.

Plea bargaining is the process of negotiating to resolve criminal charges without a trial. The resultant “plea bargain” is, essentially, an out-of-court settlement of a criminal case. Any bargain is negotiated between the defendant and the prosecutor. Although the police can make recommendations, the prosecutor determines (a) whether the government will ofer you a plea bargain and (b) what the terms of that bargain will be.

2.TWO CATEGORIES OF PLEA BARGAINS EXIST: CHARGE BARGAINS AND SENTENCE BARGAINS

A charge bargain is one in which the prosecutor agrees to dismiss or forego certain charges in return for your plea to other, lesser charges. A sentence bargain is one in which the prosecutor agrees to recommend a particular sentence or sentencing range. The prosecutor’s recommendation is simply that – a recommendation. It is not binding on the judge, and you cannot withdraw your guilty plea if the judge deviates from the recommendation at the time of sentencing

3. A GUILTY PLEA CONSTITUTES A WAIVER OF CONSTITUTIONAL RIGHTS

When you agree to plead guilty, you also agree to give up (or “waive”) these constitutional rights: the right to a jury trial; the right to confront your accusers; and the right to remain silent and refuse to incriminate yourself

4. A GUILTY PLEA MUST BE MADE KNOWINGLY AND VOLUNTARILY.

You will enter your plea at a hearing, presided over by a judge. The judge will question you to ensure that your plea is entered knowingly and voluntarily. You will be asked about:
• Your mental competence;
• Your satisfaction with your legal representation;
• Your understanding of the legal rights you are surrendering by pleading guilty;
• Your understanding of the penalties for conviction;
• The plea agreement and any other threats or promises made; and
• The factual basis for your guilt.