Plea bargains are agreements between the state where the defendant plead guilty and the defendant in exchange for certain types of benefits. More than 95 percent of all criminal cases are solved this way. Here are the keys to plea bargains:

When do you enter a plea?

Upon arraignment, you have to enter a plea of not guilty, guilty or no contest. Arraignments are often the second appearance before the judge. They occur within 30 days after first appearing when bail was set.

Can pleas be amended?

Only in rare circumstances can guilty pleas be withdrawn. False promises and coercion commonly allow you to change your plea. To plead guilty, you often have to give your account of what happened stating that you voluntarily and knowingly made the plea, and that your making that decision had nothing to do with someone forcing you to do so.

 Not guilty pleas can be withdrawn until there is a verdict from the jury. The judge is the one who makes the decision on what it can be changed to. If there is a plea bargain, the defendant can plead guilty due to that agreement. If there hasn’t been an offer made, the defendant is required to plead guilty to all charges and isn’t guaranteed anything.

Who determines the plea entered?

Defendants have the right to choose whether to plead guilty or not. Defense attorneys often advise what decision should be made, but they cannot overrule your final choice.

When can plea bargains be made?

Plea bargains can be made until the jury makes a verdict. These discussions often take place between the arraignment and the pre-trial hearing. In rare situations involving a long-term investigation, agreements are often made before the defendant is arrested. In many cases, states have guidelines as to what the deals can be. They often have policies in place for specific points where charges cannot be reduced or there are deadlines where negotiations cannot continue beyond.

Benefits of taking plea bargains

Plea bargains mean you are giving up certain rights, but it also helps save a significant amount of time and money for the state. In return, the defendant will get lesser charges, criminal charges dismissed or reduced sentence. The defendant will receive certain outcomes and avoid having to wait months or years to get the case over with.

What rights are forfeited with a plea?

Pleas usually mean you are pleading guilty. You are giving up your right to a jury trial, to cross examine any witnesses brought against you and to present evidence in your favor. You are also required to waive your appeal rights, including challenging how valid the plea bargain is.

Are you entitled to a plea bargain?

Plea bargains often require the state and the defendant to be in agreement. States aren’t obligated to give you a plea deal. Often times, if the charges are too severe or if you have multiple convictions, they won’t offer one. Judges can also reject these agreements.