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Plea Bargain

An agreement resolving a criminal case by guilty plea, usually in exchange for reduced charges or a sentencing concession.

Informational only - this is not legal advice. These definitions explain general legal vocabulary in plain English. They are not advice about your situation, reading them creates no attorney-client relationship, and the law differs from state to state and changes over time. For advice you can rely on, speak to a lawyer licensed in your state.

What it means

A plea bargain resolves a criminal case by agreement rather than trial. In exchange for a guilty plea the prosecution may reduce or drop charges, or agree to recommend a particular sentence. The great majority of criminal cases in the United States end this way.

A guilty plea gives up several constitutional rights at once - trial, the jury, confronting witnesses, and the privilege against self-incrimination - so the court must confirm on the record that the plea is voluntary and that the defendant understands what is being given up and what the consequences are.

Consequences beyond the sentence are frequently the part that is underestimated: immigration effects, professional licensing, firearm rights and employment consequences can outlast the sentence itself. Whether a judge is bound by an agreed sentence recommendation also depends on the type of agreement.

Where this comes from

Federal Rule of Criminal Procedure 11 governs pleas in federal court, including the categories of plea agreement and the inquiry a court must make before accepting a plea. States have their own equivalent rules.

When people hire a lawyer for this

A plea is one of the least reversible decisions in the legal system, and evaluating an offer requires knowing the strength of the evidence and the realistic alternatives - which is exactly what defence counsel is for. Collateral consequences, particularly immigration ones, are worth raising explicitly rather than assuming they were considered.

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Part of the LawyerLand plain-English legal glossary. Definitions are written from primary sources - statutes and court rules - and each entry states the authority it rests on, or says plainly when the doctrine is state law with no national rule.

If you cannot afford a lawyer, civil legal aid programmes provide free help with many of these problems: civil legal aid programmes by state.