Lesson 25: Types of Plea Agreements

Exploring criminal procedure fundamentals, best practices, and legal insights to navigate the complexities of criminal procedure.

Plea agreements are a fundamental aspect of the criminal justice system and play a crucial role in resolving cases without the need for a trial. Understanding the different types of plea agreements can help navigate the complexities of criminal procedure law. (For more on this, check out Understanding Criminal Procedure: Volume Two: Adjudication.)

Introduction

Plea agreements, also known as plea bargains, are arrangements between defendants and prosecutors. In a plea agreement, the defendant agrees to plead guilty to a particular charge in return for some concession from the prosecutor. This can significantly impact the outcome of a case and the penalties involved.

Types of Plea Agreements

There are generally three main types of plea agreements:

  • Charge Bargaining: In this type of agreement, the defendant pleads guilty to a lesser charge than the original charge.
  • Sentence Bargaining: Here, the defendant pleads guilty to the original charge in exchange for a lighter or alternative sentence.
  • Fact Bargaining: This involves the defendant agreeing to stipulate to certain facts in exchange for the prosecutor not introducing other facts into evidence.

Charge Bargaining

Charge bargaining is the most common form of plea agreement. Here, the defendant agrees to plead guilty to a lesser charge. For example, a defendant originally charged with felony theft might agree to plead guilty to misdemeanor theft instead. This can significantly reduce the potential penalties.

Example of charge bargaining:

  • Original Charge: Felony Theft
  • Plea Agreement: Plead guilty to Misdemeanor Theft

Sentence Bargaining

In sentence bargaining, the defendant pleads guilty to the original charge provided that the prosecutor agrees to a lighter or alternative sentence. This can provide the defendant with a more predictable outcome.

Example of sentence bargaining:

  • Original Charge: Felony Assault
  • Plea Agreement: Plead guilty, with a sentence of probation instead of prison time

Fact Bargaining

Fact bargaining is less common and involves the defendant agreeing to admit to certain facts in exchange for the prosecutor not introducing other facts into evidence. This type of plea agreement can be strategic in minimizing the impact of certain evidence.

Example of fact bargaining:

  • Defendant agrees to admit being at the scene of the crime
  • Prosecutor agrees not to introduce evidence of prior convictions

Mermaid Diagram: Types of Plea Agreements

graph TD; A["Plea Bargaining"] A --> B["Charge Bargaining"] A --> C["Sentence Bargaining"] A --> D["Fact Bargaining"]

Considerations in Plea Agreements

When entering into a plea agreement, several factors must be considered:

  • The strength of the prosecution's case
  • Potential penalties if convicted at trial
  • The defendant's criminal history
  • The impact of a guilty plea on the defendant's future

Further Reading

For more information on plea bargaining, you may refer to the Wikipedia article on Plea Bargaining.

Additionally, explore our earlier lesson on The Plea Bargaining Process to understand the procedural aspects involved in plea agreements. If you want to dive deeper, consider reading Criminal Procedure: The Prosecuting Attorney's Process.

« Previous
Next »