NATIONALLY RECOGNIZED FEDERAL LAWYERS
Plea Bargaining in Federal Criminal Cases: Pros and Cons
|Last Updated on: 20th September 2023, 10:11 pm
Plea bargaining is when a defendant in a criminal case negotiates with the prosecutor to plead guilty to a lesser crime than what they were originally charged with. Over 90% of federal criminal convictions come from plea bargains, not trials[4]. That’s a huge number! Let’s break down the pros and cons of this controversial but common practice.
What is Plea Bargaining?
There’s a few different types of plea bargains[5]:
- Charge bargaining – Pleading guilty to a less serious charge
- Count bargaining – Pleading guilty to fewer counts
- Sentence bargaining – Agreeing to a lighter sentence
- Fact bargaining – Admitting to certain facts in exchange for other evidence not being used
The deal is simple – the defendant agrees to plead guilty in exchange for some kind of concession from the prosecutor. This could be a reduced charge, lighter sentence, or dropped charges. The quality of the deal depends on the defendant’s lawyer’s negotiating skills.
Pros of Plea Bargaining
There’s some big advantages to plea bargaining for defendants[1][3][5]:
- Avoid the uncertainty of trial – No risking your fate in the jury’s hands
- Lighter sentence than if convicted at trial
- Reduced or dropped charges on your record
- Speedy end to the case – No lengthy, expensive trial
- Avoid publicity of a public trial
Even if a defendant believes they are innocent, the certainty of a plea bargain may be preferable to rolling the dice at trial. Trials are unpredictable. Juries can convict on limited evidence. And sentences after trial convictions are often harsher than plea deals.
Plea bargains also avoid the publicity of a trial. Trials can bring media attention and scrutiny on a defendant and their family – something many want to avoid.
Cons of Plea Bargaining
Of course, there’s disadvantages to plea deals too[2][3][6]:
- Automatic conviction on your record – No chance at acquittal
- Admission of guilt, even if innocent
- Losing ability to challenge prosecutor’s evidence
- Possibility of a harsher sentence than expected
The biggest downside is the certain conviction on your record. If a defendant goes to trial and is acquitted, they have no criminal record. But a plea bargain results in an automatic conviction.
Defendants also lose the ability to challenge the prosecutor’s evidence and witnesses. Some prosecutors make deals in cases with weak evidence, so the plea avoids them having to prove their case.
When are Plea Bargains Offered?
Plea bargains can be offered any time after charges are filed – even up to right before trial[1]. But there’s incentives for both sides to make a deal early:
- Prosecutors have heavy caseloads. Plea deals lighten their workload.
- Judges encourage plea bargains to keep the system moving.
- Defendants get sentencing benefits for “accepting responsibility” early.
So there’s pressure on both sides to bargain soon after charges are filed. But sometimes plea negotiations happen right before trial when the reality sets in.
Famous Plea Bargain Examples
Here’s some well-known plea deals in high profile federal cases:
Michael Cohen
President Trump’s former personal lawyer pled guilty to tax evasion, bank fraud, and campaign finance violations. He made a deal to cooperate with prosecutors in exchange for a lighter 3 year sentence.
Michael Flynn
Trump’s former National Security Advisor admitted to lying to the FBI about contacts with Russia. He bargained to plead guilty to a single count in exchange for cooperating with the Mueller investigation.
Bernie Madoff
The infamous Ponzi schemer pleaded guilty to 11 federal felonies in a deal to avoid trial. He was sentenced to 150 years in prison.
The Role of the Judge
Federal judges have an interesting role in plea bargains. They are not involved in the negotiations between the prosecution and defense. But they have to approve the final deal[4].
Judges review the sentence recommendation and can reject deals they feel are too lenient. But this rarely happens as judges encourage plea bargaining to keep the courts running smoothly.
Should You Accept a Plea Deal?
Whether to take a plea bargain is a huge decision. Here’s some key factors to weigh[5]:
- Strength of the prosecutor’s evidence against you
- Likelihood of conviction at trial
- Potential sentence if convicted at trial
- Benefits offered by the plea deal
- Risks of going to trial
Consult closely with your defense lawyer, who can assess the case and advise if bargaining is your best option. But ultimately, the choice is yours after weighing the pros and cons.
The Bottom Line
Plea bargaining is controversial, but our legal system depends on it. Over 90% of convictions come from negotiated guilty pleas. The incentives drive both prosecutors and defendants to deal.
Plea bargains offer big benefits like certainty, lighter sentences, and avoiding trial. But they come with major downsides too, like automatic conviction. Carefully weigh the pros and cons with your lawyer when considering a deal.
While plea bargaining will always have critics, it’s entrenched in our criminal justice system. This pragmatic approach resolves most cases through negotiation rather than long, expensive trials. And it’s how the vast majority of federal convictions happen – for better or worse.
References
[1] https://sharpcriminalattorney.com/blog/criminal-law/plea-bargains-the-pros-and-cons/[2] https://www.hg.org/legal-articles/what-are-the-advantages-and-disadvantages-of-accepting-a-plea-bargain-33881
[3] https://www.mikesnappbailbonds.com/blog/2018/pros-and-cons-of-plea-bargain.html
[4] https://www.federallawyers.com/criminal-defense/plea-bargaining-in-federal-criminal-cases-pros-and-cons/
[5] https://jsberrylaw.com/blog/pros-and-cons-of-accepting-a-plea-bargain-in-federal-court/
[6] https://brettpodolsky.com/plea-bargains/the-pros-and-cons-of-plea-bargaining/
https://www.cnbc.com/2018/12/12/michael-cohen-sentencing.html
https://www.npr.org/sections/thetwo-way/2017/12/01/567339853/michael-flynn-pleads-guilty-to-lying-to-fbi-in-russia-investigation
https://www.cnbc.com/id/29562630