Is a Plea Bargain the Same as a Plea Deal?

If you are facing criminal charges, it is very likely that you will be offered some alternatives to the maximum penalties for your crimes if you plead guilty. Before taking any chances on your rights and your freedoms, be sure to discuss your legal defense options with a trusted criminal defense lawyer who can protect you. In the meantime, it will help you to clear up some confusion regarding guilty and non-guilty pleas, including how the law defines a plea bargain.

Criminal Defense Law Firm 317-636-7514
Criminal Defense Law Firm 317-636-7514

Plea Bargains

A plea bargain IS the same as a plea deal; they are legal terms that are used interchangeably to describe the same legal principal or action. In plainest terms, a plea deal is a binding legal agreement in a criminal case made between a defendant and the prosecutor in which the defendant agrees to plead guilty to the original criminal charges (or to a lesser charge or lighter sentence) instead of going to trial.

In order to receive a plea deal, a prosecutor must be willing to offer one. A defendant cannot request a plea bargain for their criminal case. Furthermore, once a defendant agrees to a plea bargain, neither they nor the prosecutor can withdraw the deal. So what do prosecutors offer in plea deals? Generally, the prosecutor will agree to recommend a lighter sentence to the court, suggest that the court drop one or more criminal charges, or agree not to compete against the defendant’s requested sentence.

Plea Deal or No Deal?

So why to defendants prefer to take plea deals instead of going to trial? Because if the defendant chooses to go to trial, the forfeit the plea deal, and risk being convicted of the maximum charges and penalties. However, courts must approve plea deals before they can be handed down to a defendant. So just because the prosecution offers a plea bargain does not mean the court will ultimately approve it for a defendant’s criminal case.

Advantages of plea deals are easy to see; not only will you be given a lesser charge, or have charges reduced or dismissed, you will also be given lighter penalties for your conviction. However, there are also grave disadvantages to accepting a plea bargain, namely waiving some of your constitutional rights, such as the right not to incriminate oneself, the right to a jury trial, and the right to confront one’s accuser. By choosing trial over a plea deal, a defendant preserves these constitutional rights and more.

Furthermore, a plea bargain always results in a conviction, which can also be a severe disadvantage. For example, if you are charged with rape, but you are entirely innocent, you may not want to falsely plead guilty under any circumstances, and then be put on a sexual offender list for the rest of your life. Worst of all, plea deals are not really set in stone. A judge or prosecutor can change their minds once the sentence is being handed down.

Talk to a Trusted Criminal Defense Lawyer

Call 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense attorney, David E. Lewis, who will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your criminal charges.