A plea deal, sometimes called a plea bargain or plea agreement, is an agreement between a prosecutor and a defendant. The agreement usually involves the defendant pleading guilty to a crime in exchange for some benefit or leniency.
Plea deals are very common in criminal cases, and most defendants are offered one at some point throughout their case. However, a plea deal can have significant consequences for a defendant and should be thoroughly discussed with an attorney before being accepted.
When Does Plea Bargaining Happen?
Plea bargaining is the negotiation that happens between a prosecutor and a defense attorney.
Plea bargaining can happen at any point during the criminal court process. Many prosecutors propose a plea deal soon after the initial arrest. However, most defendants will not accept a plea deal until they see some of the evidence against them. This could happen at a preliminary hearing or at any time during the discovery process.
Plea bargaining is also very common in the time leading up to a trial. A defendant may wish to avoid the risk of a trial, and a busy prosecutor might try to get out of time-consuming pretrial motion hearings.
Some defendants may even accept a plea deal in the middle of a trial, though this is less common. Once a trial has begun, a prosecutor is less likely to offer a plea deal unless the trial is not going well for them. In that case, the defendant may reject the plea because they are confident they will win at trial.
What Is Included In A Plea Deal?
A plea deal generally includes an agreement that a defendant will plead guilty in exchange for some benefit. The benefit depends on the facts of the case and the defendant’s circumstances but could include:
- Reduced charges
- Dismissed charges
- Recommending a definite or lenient sentence
- Avoiding jail time altogether
- Recommending a rehabilitative program
The plea document usually includes a statement that the defendant is knowingly and voluntarily pleading guilty and an acknowledgment that the court does not need to accept the plea. While most courts will accept a plea, the judge may reject it. The defendant and the prosecutor need to sign the plea agreement forms.
What Is A Plea Colloquy?
When a defendant accepts a plea deal, there is a court hearing. During the hearing, the judge is given the plea documents, and there is a plea colloquy.
A plea colloquy is a discussion between the judge and the defendant. The purpose of the colloquy is for the judge to ensure that the defendant is knowingly, voluntarily, and intelligently pleading guilty. The colloquy ensures that the defendant understands the rights that they waive to plead guilty and that they understand the impact of the plea.
Most judges follow a script during the colloquy and ask questions about:
- The defendant’s education and employment history
- Whether they are under the influence of any substances or are actively being treated for a mental illness
- If they understand the legal process and the charges against them
- If they have had time to consult with their attorney
- If they understand the rights that they are giving up by pleading guilty
- Whether or not they are being coerced into accepting the plea
If the judge believes the defendant does not fully understand the plea or its consequences, they may reject the plea deal. Furthermore, if the judge finds that the plea deal is too lenient or harsh based on the facts of the case, the judge could decide to reject the plea.
What Are The Consequences Of Accepting A Plea Deal?
The main consequence of accepting a plea deal is pleading guilty to a crime. The defendant will likely have a permanent criminal conviction on their record. Additionally, a defendant must give up certain Constitutional rights once they accept a plea deal.
These include due process rights such as:
- Right to trial by jury
- Right to question and cross-examine witnesses
- Right to testify or not
- Right to appeal (unless waived or limited by plea agreement)
- Right to have an attorney represent you at trial
- Right to have the case proven against you beyond a reasonable doubt
- Right to remain silent
There could also be additional consequences depending on the charge to which you plead guilty.
For example, if it is a felony, there could be collateral consequences like difficulty finding employment and housing and loss of the right to vote or own a firearm. If you plead guilty to certain sex crimes, you may also be required to register as a sex offender. Other crimes, such as those involving moral turpitude, could result in deportation.
It is extremely difficult to undo a plea deal, and, in many cases, it is impossible. If you choose to accept a plea deal, you should be certain that you understand the consequences and implications. You should never accept a plea deal without speaking with a criminal defense attorney to ensure that you understand the plea and your rights.
If you have questions or need help, contact Katsarelis Law Criminal Defense Attorneys today at (520) 510-0439 to schedule a free consultation with a criminal defense attorney.