Guide to Plea Bargains and Negotiations in California
A complete dismissal is the most desirable outcome in any criminal case. However, your attorney might suggest accepting a plea deal, depending on your situation. This doesn’t mean you roll over and accept whatever the prosecutor wants to charge you with.
An effective negotiator like Seth Morris challenges all the evidence against you and fights to protect your future. Whether you’re seeking a plea deal as a first-time or repeat offender, you need an attorney well-versed in California law. Let Morris Law help you navigate the criminal court process today.
What Is a Plea Deal?
A plea deal — or plea bargain — means any negotiation, bargaining, or discussion between you, your attorney, and the prosecutor that results in an agreement where you plead guilty in exchange for any promises or commitments made by the prosecutor or judge.
Essentially, you plead guilty to another crime to avoid the harsh punishments of the offense you were initially charged with.
What Happens When You Accept a Plea Bargain in CA?
Once you accept a plea deal, you’ve acted on your end of the bargain. Now, the judge and prosecutor must do their part by reducing your charges according to your agreement. With reduced charges, your overall sentence decreases as well as the accompanying fines.
Pros & Cons of Accepting a Plea Deal in California
The obvious downside to a plea bargain is that you have to plead guilty to a crime and accept a conviction. For many, admitting guilt could have lasting effects.
For example, any conviction for non-U.S. citizens could result in their removal. A criminal conviction could also alter your life in other ways, such as difficulty finding housing or a job.
While this isn’t the outcome you hope for, the pros might outweigh the cons. Even though you know you’re innocent, a trial could be unpredictable, resulting in a much harsher sentence.
Depending on the evidence the prosecution has against you, it might be in your best interest to admit guilt for a lesser offense to avoid significant jail time and hefty fines. Assessing the risk involved in your case and the penalties you face could help you decide whether to move forward and fight your charges or accept a plea bargain.
Common Types of Plea Deals in California
A plea deal could reduce your sentence in different ways depending on the type of bargain you agree on. Your case might involve the following types of plea deals:
- Charge Bargaining – This involves pleading guilty to a charge less severe than your initial one.
- Sentence Bargaining – Pleading guilty after you and the prosecutor agree on the sentence the prosecutor will argue.
- Count Bargaining – Similar to charge bargaining, this involves pleading guilty to one or more of your charges and having the rest dropped.
- Fact Bargaining – This involves the prosecution leaving out facts that could increase a sentence. This is common in drug crimes where the amount involved significantly increases your penalties.
Limits on Plea Bargains Under California Law
Not every case qualifies for plea bargaining. Under California Penal Code § 1192.7, plea deals are prohibited in certain cases unless specific conditions apply. These include serious or violent felonies, felonies involving firearms, DUI cases involving injury or death, and certain sex crimes.
However, the court may allow a plea bargain if there is insufficient evidence, unavailable witnesses, or if a reduced charge won’t significantly change the outcome.
Plea Bargaining Process in California Criminal Courts
Most plea deals are discussed during the pretrial phase, often during informal meetings between the defense and prosecution. Here’s how it works:
- Case Review: Both sides review evidence, charges, and witness availability.
- Negotiation: Your defense attorney advocates for reduced charges or sentencing.
- Judicial Approval: If a deal is reached, the judge must approve it.
- Plea Entry: You formally enter your guilty plea under the terms of the agreement.
How to Get a Better Plea Bargain
Your attorney’s skill in negotiation — and their understanding of California’s complex criminal laws — makes all the difference. A stronger plea bargain may be possible if:
- The prosecution’s evidence is weak or circumstantial
- Key witnesses are unreliable or unavailable
- You have no prior convictions
- You demonstrate cooperation or remorse
Working with an experienced attorney like Seth Morris gives you the best chance at securing a deal that protects your rights and minimizes the long-term consequences.
FAQs About California Plea Bargains
Can I change my mind after accepting a plea bargain?
In most cases, once a plea is entered and accepted by the court, it’s difficult to withdraw. However, there are limited exceptions if your rights were violated.
Will a plea bargain still result in a criminal record?
Yes. Even with reduced charges, pleading guilty means a conviction will appear on your record.
Can I get a plea deal if I’m charged with a felony in California?
Sometimes. Serious or violent felonies may limit your options, but deals can still happen under specific legal exceptions.
Do I have to go to court to accept a plea deal?
Yes. You must appear in court to formally enter your plea before a judge.
What if the prosecutor offers a bad plea deal?
You don’t have to accept it. Your lawyer can push for better terms or take your case to trial if that’s in your best interest.
Questions about Pleas? Contact Morris Law PC Today
Plea negotiations can be stressful and confusing — but you don’t have to face them alone. Attorney Seth Morris is an experienced California criminal defense lawyer who knows how to protect your rights and fight for the best possible outcome.
Contact Morris Law today or call (510) 225-9955 for a free consultation and start building your defense.