PLEA BARGAINING
INFORMATION CENTER

Should I Agree to a Plea Bargain?

The vast majority of criminal cases - over 90 percent - are resolved through plea bargain.  Plea bargains occur when the defense and the prosecution reach an agreement, which usually involves the defendant agreeing to plead guilty in exchange for a lesser charge or a lighter sentence.  The agreement is then presented to the judge for consideration.  If the judge feels that the resolution is fair to all parties, he or she will make it official.

There are two types of plea bargains:

• A charge bargain is an offer by the prosecutor whereby the defendant pleads guilty to a lesser charge, or to only some of the charges filed against him or her.  For example, a defendant charged with disorderly conduct, resisting arrest, and assault and battery on a police officer may be offered the opportunity to plead guilty to simple assault and battery.


• A sentencing bargain occurs when the defendant is told what the reduced sentence will be if he or she pleads guilty in advance of trial.  This helps the District Attorney's office get the conviction they are looking for, and the defendant benefits by not being hit with the maximum sentence.

Interestingly enough, prosecutors often initially charge defendants with more serious or multiple offenses expecting to reduce or drop some as bargaining chips.  Because a great many plea bargains occur when the prosecutor agrees to drop one or more of the charges in exchange for a guilty plea, prosecutors tend to charge high in the beginning.

The principal benefit for the defendant in plea bargaining is to avoid jail, have fewer serious offenses on his or her record, avoid publicity, and even keep others out of the case.

Too often defendants also decide that they do not want to spend the time or money necessary to fight criminal charges by taking their case to trial.  Instead, they opt to take a quick resolution and enter into a plea agreement.  However, it must be remembered that the decision to enter a plea on a first offense will have a potential lifetime of consequences. 

For judges, the primary incentive to accept plea bargains is to move along their crowded calendars.  Most judges simply don't have the time to try every case that comes through the door.  Additionally, because jails are over-crowded, judges may face the prospect of having to let convicted people out before they complete their sentences.  Judges often reason that the quicker those offenders who are not likely to do much time anyway are processed through plea bargains, the better the system is working.

Prosecutors are also concerned with clogged calendars.  Judges want to move cases quicker, and the pressure ends-up on the District Attorney's office.  Clogged calendars mean that the Commonwealth's staff is overworked.  Plea bargains simply lighten the staff's caseload.

Q:  How does the system of plea bargaining work?

A:  For the most common offenses - Drunk driving cases, drug crimes, theft crimes, etc. - most prosecutors have worked out a "menu" of sort, based on the seriousness of the crime, the defendant's criminal history, etc.

While there isn't anything in writing, each District Attorney's office and each county has their own way of doing things.

Q:  How do I know whether or not to take a deal?

A:  It depends on your particular case, the circumstances surrounding it, and your criminal history.  Our criminal defense attorneys can walk you through the scenario - weighing the likelihood of a conviction against the penalty and the plea bargain offered by the prosecutor - but only you can determine to take the deal or not.

Q:  I don't want to plead guilty, but I'm told the judge will treat me worse if I go to trial and lose.  Is this true?

A:  In most cases, defendants are made aware in one way or another that the judge will be harsher on them if they go to trial and lose than if they accept a deal.  This threat to punish people more severely if they go to trial sometimes causes innocent people to plead guilty.  Innocent people also may be offered a good deal because the prosecutor may have little evidence against them.  On the other hand, people against whom there is a strong case may have nothing to lose by going to trial as they will likely not be offered very good deals to begin with.  Call our attorneys to learn more about your specific situation.

Q:  Aren't the District Attorneys arrogant?  Is it difficult to work-out an agreement with them?

A:  Both sides have something to gain when cases are disposed of.  However, our attorneys know that approaching the prosecutors early in the case tends to bring a better success rate in reaching an agreement.  If we wait too long, the DA's become more entrenched in their position, and it becomes more difficult to persuade them to drop or reduce certain charges.

Once you're in the middle of the Massachusetts criminal justice system, the prosecutor is not your friend.  While they don't want you to hire experienced defense attorneys to keep them at bay, you need lawyers who will sink their teeth into their case and tear it to shreds.  At The Massachusetts Criminal Defense Group, we have a big bark and a bit bite.  To learn more about how we can help you, call (800) 461-6900 or contact us online.