What is a Plea Bargain and Why Does it Happen?

A plea bargain is a negotiated settlement of a case in the criminal justice system, either in criminal court or in traffic court. Unfortunately, the phrase "plea bargain" is often referred to as "plea deal" and portrayed by the news media in a derogatory manner. However, the proper legal terminology is a "plea agreement". A plea agreement occurs in a Municipal Court matter whenever the prosecutor and the defense agree as to the offense or offenses to which a defendant will plead guilty on condition that any or all of the following occur: (a) the prosecutor will recommend to the court that another offense or offenses be dismissed, (b) the prosecutor will recommend to the court that it accept a plea to a lesser or other offense (whether included or not) than that originally charged, (c) the prosecutor will recommend a sentence(s), not to exceed the maximum permitted, to the court or remain silent at sentencing (New Jersey Rules of Court, Part 7, Guideline 2).

It is a statistical fact that most cases are resolved by plea agreements. There are many reasons why plea agreements occur and why settlements are generally encouraged by the judicial system. Plea agreements happen because it is often in the best interest of our society and the parties or litigants (i.e. the government and the defendant), along with other involved individuals (i.e. the victims, potential witnesses, and potential jurors). In general, a defendant is offered a reduced offense and/or reduced penalty in exchange for pleading guilty and waiving their Constitutional right to have a Trial (i.e. giving up their right to force the government to present evidence and witnesses to prove the case beyond a reasonable doubt). However, the level of reduction is based upon numerous factors, including the negotiating skills of the defense attorney advocating for their client in order to obtain the most favorable plea agreement. An experienced defense attorney understands how the justice system works and utilizes all available negotiating leverage. In some cases this may involve demonstrating how the prosecution will have difficulty proving the case beyond a reasonable doubt. In other cases it may require demonstrating how and why his/her client is uniquely situated and deserves a break or reduction. Often, law enforcement will overcharge the accused person at the beginning of the case. In those situations, the potential penalties associated with the original accusations are unfair because the facts and circumstances do not warrant such serious consequences. Therefore, the prosecution should be persuaded to use its discretion to reduce, amend, modify and dismiss charges.

Plea agreements and settlements are generally encouraged in our legal system because of public policy, judicial economy, and overall efficiency reasons. If every case went to Trial, it would place unimaginable stress and burden upon our society and economic system. Our court system would have an endless backlog of cases and the lengthy process would violate a defendant's speedy trial rights. As a result, more government employees would have to be hired, appointed or elected. Also, each citizen would be required to serve jury duty on a more frequent and regular basis. Therefore, business and commerce would be negatively impacted and taxes would increase dramatically.

The information above is a brief overview of plea bargaining. Certain types of crimes and offenses are handled differently based upon unique facts and circumstances. You should contact an experienced defense attorney who will explain all of your options based upon the specific circumstances of your case and work hard to maximize your chances of obtaining the most favorable plea agreement.