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A plea bargain is an agreement between a prosecutor and a defendant. Many cases in the United States end in plea bargains, and there are both benefits and downsides to plea bargaining for both defendants and the state.

This guide explains what a plea bargain is, how they work and when defendants should consider accepting a plea bargain.

What Is a Plea Bargain?

A plea bargain occurs when:

• A defendant agrees to admit they are guilty of a criminal offense, rather than making the prosecutor prove their guilt beyond a reasonable doubt.
• The prosecutor makes some type of concession to the defendant in exchange for admitting guilt, such as charging the defendant with a less serious offense or recommending less serious penalties.

When a defendant enters into a plea agreement, the defendant typically must stand up in court and admit they violated the law. The prosecutor makes a recommendation to the judge in accordance with the terms of the plea agreement. However, judges do retain discretion and are not required to abide by the deal that the prosecutor made.

Plea deals are generally treated as contracts between a prosecutor and a defendant though. If a prosecutor does not follow through on their end of the agreement, the defendant may be able to seek relief from a judge including being allowed to withdraw their...

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