Plea Bargains in California Criminal CasesCalifornia Penal Code § 1192.5
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What Is a Plea Bargain?
A plea bargain is an agreement between the defendant and the prosecutor in which the defendant agrees to plead guilty or no contest in exchange for a concession from the prosecution — typically a reduced charge, a lesser sentence, or dismissal of some charges. Approximately 90-95% of all criminal cases in California are resolved through plea bargains rather than trial. However, accepting a plea deal is a major decision with permanent consequences, and you should never do so without consulting an experienced criminal defense attorney.
Types of Plea Bargains
Charge bargaining involves pleading guilty to a lesser offense — for example, a DUI reduced to wet reckless, or a felony reduced to a misdemeanor. Sentence bargaining involves pleading guilty to the original charge in exchange for a specific sentence recommendation. Count bargaining involves pleading guilty to some charges in exchange for dismissal of others. Each type has different implications for your record, future employment, immigration status, and professional licenses.
When to Accept a Plea vs. Go to Trial
This is one of the most important decisions in any criminal case. Factors to consider include the strength of the prosecution's evidence, the severity of the charges and potential sentence if convicted at trial, the impact of a conviction on your life, employment, immigration status, and professional licenses, and the risk of a harsher outcome if you go to trial and lose. An experienced attorney can give you a realistic assessment of your options and the likely outcomes of both paths.
No Contest Pleas
A no contest (nolo contendere) plea has the same criminal effect as a guilty plea but cannot be used as an admission in a subsequent civil lawsuit arising from the same conduct. This can be an important strategic choice in cases where civil liability is also a concern, such as DUI causing injury or assault cases.
Withdrawing a Plea
In some circumstances, a plea can be withdrawn after it is entered — for example, if you were not properly advised of the immigration consequences of your plea, or if your attorney provided ineffective assistance in advising you to accept the plea. Our attorneys evaluate whether plea withdrawal is available in cases where a client was poorly advised.
Contact Virtuoso Law
Never accept a plea deal without consulting an attorney first. Call (833) 666-5245 for a free consultation — available 24/7.