Every defendant hopes to be found "not guilty," and all good defense lawyers will explore every viable option to make that happen. Ultimately, both parties are passionately fighting for a result that ends with the best possible outcome. But not all cases end with an ideal verdict, and understanding when an opportunity for a plea bargain is the better choice can make a big difference in your case's eventual result.

Nationally, the Bureau of Justice Statistics estimate that 90 to 95 percent of state and federal cases are settled with a plea bargain. In Arizona, thousands of court cases are negotiated and resolved every year with plea bargains. Maricopa County, for example, resolves 98 percent of all criminal cases without ever having a case go to trial. This is, in large part, because prosecutors are often eager to move on to other, more severe cases and allocate their limited resources to do so.

Not all defendants in Arizona will benefit from a plea bargain, but when determining what might be the best strategy in your case, many questions need answers. Below are answers to some of the most common questions you need to know when considering your options.

What is a Plea Bargain?

A plea bargain, also sometimes called a plea agreement, a plea deal, or a negotiated plea is when a defendant and a prosecutor in a criminal case make an agreement as outlined under the Arizona Rules of Criminal Procedure. They typically involve a guilty plea by the defendant in exchange for a reduced charge or sentence. It is an opportunity for both parties to mutually acknowledge the case's strengths and weaknesses while reducing harsh jail or prison sentences and charges.

A defendant may also benefit from paying less in fines and fees, and, on occasion, they may be offered an agreement that includes them testifying on behalf of the state against other defendants. Any plea agreement reached must be constitutional, fair, and comply with all legal requirements. A judge makes the final determination as to whether or not the courts will accept a plea bargain. Because of the consistent overflow and backlog of Arizona court cases, a plea agreement also speeds up the judicial process and makes it easier for other trials to be heard.

What Are The Advantages And Disadvantages Of Entering Into A Plea Agreement?

Admittedly, a plea bargain may or may not be the best strategy to resolve your criminal case. The pros and cons of any given case will, of course, vary depending on the circumstances involved. But generally, there are some standard advantages and disadvantages that you should consider.

Advantages of a plea bargain include:

• Potential reduction in sentencing
• Possible dismissal of some or all charges
• Significant reduction of penalties for someone facing a maximum sentence
• The prosecution might agree to forego filing any additional charges
• More lenient sentencing ranges may be substituted for harsher ones
• Quick resolution of the case
• Defendants may be permitted to retain their occupational license(s)
• House arrest or probation may be exchanged for incarceration
• A prosecutor might agree to refrain from filing any new or additional charges
• Attorney fees are reduced due to speedy resolution of the case
• Avoiding stress related to risks, costs, and concern over a potential verdict in a trial

Disadvantages of a plea bargain include:

• A defendant must plead guilty
• Even though charges will be reduced, a defendant will be charged and convicted
• Defendants waive their right to cross-examine or question witnesses
• Once a defendant is convicted, they lose their right to appeal the case
• Prison or jail sentences, although diminished, will most likely have to be served
• A defendant waives their right to a trial
• Defendants must accept sentencing guidelines in the agreed-upon range
• A defendant must comply with probation terms and conditions.

After A Plea Agreement Is Reached, What Happens Next?

Once an agreement is reached between the defendant and the prosecuting party, Arizona Court Rules 17.4 requires that a document be created outlining the terms that the parties have agreed upon. Before being submitted to the court for approval, the defendant, their defense attorney, and the judge must sign the document. A judge has the discretion to either accept or reject the bargained terms, and if the court does reject the agreement, the defendant will be allowed to drop their plea. The judge will typically advise the defendant that, should the case go to trial, the outcome could be worse than if they had accepted the plea agreement.

If the prosecution and defense are unable to agree upon a plea agreement's terms and conditions, or if the court does not accept the deal, the case will go to trial. A defendant could request that a different judge hear their case if the court rejected the plea agreement. Change requests are outlined under Arizona Rules of Criminal Procedure 10.2, Rights of Parties.

What Are The Different Types of Plea Bargains?

The United States generally recognizes three types of plea bargains.

• Charge Bargaining occurs when a defendant submits a guilty plea for the reduced charge in exchange for more severe charges being dismissed. For example, a defendant would agree to plead guilty to manslaughter as opposed to murder. This type of plea bargaining is the most common.
• Sentence Bargaining occurs when a defendant receives a more lenient sentence in exchange for submitting a guilty plea. Sentence Bargaining is less common than charge bargaining and is scrutinized more heavily. Judges must review any such bargaining details, and many jurisdictions do not allow it at all.
• Fact Bargaining is an agreement by the defendant to specify a set of facts related to their case to keep other facts from being presented as evidence. This kind of plea bargaining is used less often than other types. Many defense attorneys discourage fact bargaining, and it is not allowed in many courts.

What Happens If One Of The Parties Involved Breaks a Plea Deal?

Plea bargains are a negotiated, legal contract between a prosecutor and a defendant. If either side does not hold up their end of the deal, the parties may end up in court over the plea agreement itself. A court has the authority to enforce a plea agreement. Also, a prosecutor can revoke a plea deal offer if the defendant does not follow through with what they have agreed upon.

How Can I Ensure The Best Outcome Possible From A Plea Agreement While Protecting My Rights?

The best thing a defendant can do is to retain the services of an experienced defense attorney immediately. A good lawyer will examine the details of your case and negotiate the best possible result.

Once a plea deal is offered, it is essential to remember that it is unlikely that any significant changes would improve your case. It is also worth noting that prosecuting attorneys are much less concerned with offering you a fair deal than your defense attorney. Having an experienced attorney who is looking out for you is critical to obtaining the best possible outcome.

You can also maintain your rights and feel confident that you are receiving the best deal possible by having your attorney attack the prosecution's case's weaknesses. In doing so, they can execute an error-free strategy that is effective. You should also make sure that you understand the details of any agreement offered before accepting them. Keep in mind that you have the right to withdraw your guilty plea and revoke the agreement any time before it is signed.