A plea bargain is an agreement where you plead guilty or no contest to a charge in exchange for some benefit, such as reduced charges or a lighter sentence. Plea deals resolve most criminal cases in California and can occur at many stages, from early arraignment to the eve of trial.
Even though plea bargaining is common, every agreement involves giving up your right to a jury trial and other protections, so the decision should never be rushed. A Fresno criminal lawyer can explain what rights you are surrendering and how the proposed deal compares to what might happen at trial.
There are several types of plea bargains used in California criminal courts. Charge bargains involve pleading to a less serious offense in exchange for dismissing more serious counts—for example, pleading to a misdemeanor instead of a felony.
Sentence bargains focus on the punishment, where you may plead to the charged offense but receive a negotiated sentence recommendation, like probation instead of jail. There are also count bargains, in which you plead guilty to some counts while others are dropped, reducing your overall exposure.
One major advantage of a plea bargain is the possibility of reduced charges and lighter sentencing, which can lower or avoid jail or prison time. Pleading to a misdemeanor instead of a felony, for instance, can also reduce long‑term consequences for employment, housing, and immigration.
Another benefit is avoiding the time, stress, and expense of a trial, which can involve extensive preparation, expert witnesses, and multiple days in court. For many clients, resolving a case sooner through a fair plea agreement allows them to start rebuilding their lives more quickly.
The biggest downside of a plea bargain is that you must plead guilty, creating a criminal conviction on your record. Even if the charge is reduced, this can affect your record for years and may carry collateral consequences in employment, licensing, and immigration.
Accepting a plea deal also means giving up your right to a jury trial where the prosecution has to prove your guilt beyond a reasonable doubt. In some cases, people accept plea bargains even when the evidence is weak because they fear a harsh sentence if they lose at trial, which is why careful legal advice is essential.
Although plea agreements are negotiated between the defense and prosecution, judges have the final say on whether to accept or reject them. A judge can approve the deal as written, modify aspects of the sentence, or reject it entirely and impose a different sentence if you still choose to plead.
Because judges have this discretion, it is critical for your Fresno defense attorney to understand how local judges typically approach different offenses, prior records, and plea terms. An experienced lawyer can better predict risks and advise you whether the proposed plea is realistically likely to be honored by the court.
Before accepting any plea, you and your attorney should consider the strength of the evidence, including witness credibility, physical evidence, and any potential legal challenges. If there are serious problems with the prosecution’s case, it may be wiser to push for a better offer or prepare for trial.
You should also weigh the potential sentence after trial, including any mandatory minimums or sentencing enhancements, against what the plea offers. A Fresno criminal lawyer can compare these outcomes, factor in the impact on your job, family, and immigration status, and help you make an informed choice.
Plea forms and court explanations move quickly, and it is easy to miss important details about rights you are waiving or consequences down the road. Once a plea is entered and accepted, withdrawing it later can be very difficult.
A defense attorney can negotiate better terms, ensure the written agreement matches what was promised, and explain each consequence in plain language before you commit. Working with a Fresno defense attorney also means you have someone who can spot immigration, licensing, or future sentencing issues that may not be obvious at first glance.
If you have been charged with a crime in Fresno County, the decision to accept or reject a plea bargain may be the most important choice in your case. You deserve seasoned guidance, not pressure to simply “take the deal.”
As a Fresno criminal lawyer and certified criminal law specialist, Mark Broughton has spent decades negotiating with prosecutors and trying cases before Central Valley juries. He evaluates plea offers carefully, explains your options honestly, and is fully prepared to take your case to trial when a plea bargain is not in your best interest.
If you are staring at a plea form and wondering what to do next, reach out before you sign anything. Contact Fresno defense attorney Mark Broughton to schedule a confidential consultation and review any plea offers with an experienced advocate on your side.
Yes, the majority of criminal cases are resolved through some form of plea bargain rather than a full jury trial. Plea bargaining is part of the regular process in Fresno and across California courts.
Judges have the authority to accept, modify, or reject plea agreements, even if you and the prosecutor agree. If the judge rejects the deal, you may have the option to withdraw your plea and continue fighting the case.
Not always. A plea can be beneficial when it significantly reduces your exposure, but in some cases the evidence is weak enough that trial may be the better option. A Fresno criminal lawyer can analyze your case and help you weigh the risks and benefits.
Once the court accepts your plea and enters judgment, withdrawing it becomes very difficult and usually requires showing a legal error or injustice. That is why it is important to fully understand the agreement and consult with a defense attorney before you plead.
You should consult a Fresno defense attorney as soon as a plea is discussed, or even earlier in the case, so negotiations start from a position of strength. Mark Broughton can advise you on whether to accept, reject, or push for a better plea bargain based on the facts and law in your case.
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