A plea agreement or "plea bargain" is a way of settling a criminal case without the time and expense of a trial. Settlement offers are initiated by the prosecution (the District Attorney's office). (Also see "Unjoined plea" for an exception.)

When is a plea offer made?
Before an offer is proposed, the defendant must be arraigned (informed of the charges), have secured an attorney, and entered a plea. If an offer is to be made, it is discussed at Pre-Trial or Felony Conferences, which are sometimes referred to as Settlement Conferences.

How does the prosecutor decide what the offer will be?
In forming a plea offer, the prosecutor considers such things as the seriousness of the crime, the strength of the evidence, the likelihood of a guilty verdict, the victims' trauma when testifying, the expense to the county, etc. The prosecutor also decides which issues are most important in the agreement, such as the amount of jail or prison time, getting a "strike" offense conviction, requiring registration as a sex offender or whatever factors apply to the case.

Potential offers are discussed with the judge and defense attorney in the judge's chambers at Pre-Trial Conference or Felony Conference hearings. The defense attorney negotiates for the defendant's interests. The judge's opinion helps craft a fair resolution that is neither too lenient nor extreme.

In certain serious and violent felonies, victims have a right to be informed by the District Attorney of a plea offer prior to it being presented to a defendant. Victims do not have "veto" power, however.

How does a plea agreement benefit the defendant?
In exchange for admitting to some offense, a defendant may have charges dropped or reduced, thus facing less punishment. Plea offers typically specify that jail or prison time will not exceed a certain amount. This is known in the vernacular as a "lid". A "three year lid" means the defendant will serve no more than three years in prison.

How do plea agreements benefit victims?
Victims benefit by not having to testify in court in the presence of the defendant.
Victims also are guaranteed that the defendant is held responsible for some criminal behavior, whereas a "not guilty" verdict is a possibility in a trial. Settlements also eliminate the possibility of an appeal unless there is a sentencing error.



When can the defendant accept a plea?
After the defendant decides in consultation with his/her attorney, that a plea agreement is preferable to a trial, the defendant may accept and sign the offer. This occurs at a Pre-Trial Conference, a Felony Conference, or sometimes at a Trial Readiness Conference just a few days before a trial is set to begin.

What is a "nolo" plea?
Many defendants plead "nolo contendre" or "no contest" instead of guilty. A "nolo" plea means that the defendant is not going to contest the charges and will accept punishment without admitting or denying guilt. In quality, it is the same as a guilty plea with respect to sentencing but it provides the defendant with some protection if a civil lawsuit were filed by victims seeking compensation for "pain and suffering" and other damages. In that situation, a victim would first have to prove by a preponderance of evidence that the defendant committed the crime.

What is an "unjoined plea"?
Sometimes the defendant wants to plead to the crime and avoid a trial but the prosecution and defense and/or judge can't agree on an appropriate maximum sentence limitation. In that case, the defendant can sign a unjoined plea agreement which designates no specific punishment. This is given to Probation for an objective recommendation. The defendant therefore has no guarantee of the outcome but gambles that Probation's recommendation will be favorable and that the Judge will concur.

Misdemeanor plea agreements
If the defendant accepts an offer in a misdemeanor case, the judge will usually sentence the defendant immediately. Occasionally, a Pre-Sentence Report will be ordered.

Felony plea agreements
If the defendant signs the plea agreement, the court sets a sentencing date about one month out. All court files are given to a Probation Officer who will conduct an objective examination. To make a fair and legal recommendation to the judge, the Probation Officer analyzes sentencing statutes, weighs aggravating and mitigating factors, evaluates the defendant based on personal interviews and professional psychological evaluations, reviews the defendants criminal history, and considers victim statements. The Pre-Sentence Report (PSR) must be completed and filed with the court five days prior to the sentencing date to give the judge, defense attorney and prosecutor time to consider it.

Sentencing hearing
The judge makes the final decision about what is fair to society, the victims and the defendant, regardless of Probation's recommendation. In most cases, the Pre-Sentence Report will recommend a sentence within the terms of the plea agreement and sentencing will take place. In some cases, Probation will recommend something in excess of the plea bargain. The judge then decides whether to impose a heavier sentence or abide by the original plea agreement. If the judge wants a greater sentence than the defendant agreed to, the defendant can either accept it or withdraw the plea. If the plea is withdrawn, criminal proceedings leading to a trial will be reinstated.

Victim Impact Statements
Victim statements, written or given orally in the courtroom on the day of sentencing, can influence the judge's decision. If you would like to exercise your right as a victim, please contact the Victim/Witness office for detailed information.