Most criminal cases end in plea agreements rather than trials. A plea can reduce risk, but it also has lasting consequences.
What a plea deal is
A plea bargain is an agreement in which you plead guilty or no contest, usually to a lesser charge or in exchange for a more lenient sentence. The judge must approve the deal and usually asks you questions to confirm it is voluntary.
Common types
- Charge bargaining: pleading to a lesser charge.
- Sentence bargaining: agreeing to a recommended sentence.
- Dismissal of other counts in exchange for a plea.
- Diversion or deferred adjudication, which can clear the charge after you complete conditions.
What you give up
By pleading, you generally waive your right to a trial, to confront witnesses and to appeal most issues. A conviction can affect jobs, housing, immigration status, professional licenses and gun rights, so understand all consequences.
Questions to ask your lawyer
- What is the evidence against me and how strong is it?
- What are the maximum and likely sentences if I go to trial?
- What collateral consequences will the plea have?
- Can the offer be improved?
- What happens if I reject it?
Frequently asked questions
Is a no contest plea different from guilty?
It has similar criminal effects, but may be treated differently in later civil cases in some states.
Can I withdraw a plea?
Only in limited circumstances and usually before sentencing.