A
plea bargain (also
plea agreement,
plea deal or
copping a plea) is an agreement in a
criminal case where by the
prosecutor offers the
defendant the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum sentence.
A plea bargain gives criminal defendants the opportunity to avoid sitting through a trial risking conviction on the original more serious charge. For example, a criminal defendant charged with a
felony theft charge, the conviction of which would require imprisonment in state prison, may be offered the opportunity to plead guilty to a
misdemeanor theft charge, which may not carry jail time.
In cases such as a car accident when there is a potential for civil liability against the defendant, the defendant may agree to plead
no contest or "guilty with a civil reservation", which essentially is a guilty plea without admitting civil liability.
[edit] United States
See also:
United States Federal Sentencing Guidelines
Plea bargaining is a significant part of the criminal justice system in the United States; the vast majority of criminal cases in the United States are settled by plea bargain rather than by a
jury trial[6][7]. Plea bargains are subject to the approval of the court, and different States and jurisdictions have different rules. The
Federal Sentencing Guidelines are followed in federal cases and have been created to ensure a standard of uniformity in all cases decided in the federal courts.
Plea bargains are so common in the
Superior Courts of California that the
Judicial Council of California has published an optional seven-page form (containing all mandatory advisements required by federal and state law) to help prosecutors and defense attorneys reduce such bargains into written plea agreements.
