Legal Definitions - negotiated plea

A negotiated plea is an agreement in a criminal case between the prosecution and the defendant (often represented by their attorney) where the defendant agrees to plead guilty or "no contest" (also known as nolo contendere) to certain charges. In return, the prosecution offers specific concessions. These concessions can include reducing the severity of the charges, dropping some charges entirely, or recommending a particular sentence to the court. This process allows both parties to avoid the time, expense, and uncertainty of a full criminal trial.

• Example 1: Reduction of Charges

  Imagine a situation where a person is initially charged with felony assault, which carries a potential prison sentence of several years. After discussions, the prosecutor offers to reduce the charge to misdemeanor battery if the defendant agrees to plead guilty. The defendant accepts this offer, pleads guilty to the less serious misdemeanor, and receives a lighter sentence, such as probation and a fine, avoiding a felony conviction and a lengthy trial.

  This illustrates a negotiated plea because the defendant received a significant reduction in the severity of the charge in exchange for admitting guilt, thereby avoiding a trial on the more serious felony accusation.

• Example 2: Sentencing Recommendation

  Consider a defendant facing multiple counts of fraud, which could lead to a very long prison sentence if convicted at trial. Through their lawyer, the defendant negotiates with the prosecutor. The prosecutor agrees to recommend a specific, shorter prison sentence (e.g., five years instead of a potential fifteen years) to the judge if the defendant pleads guilty to all original fraud charges. The defendant accepts, pleads guilty, and the judge considers the prosecutor's recommendation during sentencing.

  This is a clear example of a negotiated plea because the defendant secured a favorable sentencing recommendation from the prosecution in exchange for a guilty plea, bypassing the need for a trial.

• Example 3: Dismissal of Multiple Charges

  Suppose an individual is arrested and charged with three separate offenses: shoplifting, possession of stolen property, and resisting arrest. During pre-trial negotiations, the prosecutor offers to drop the charges for possession of stolen property and resisting arrest if the defendant pleads guilty to the shoplifting charge. The defendant agrees, pleads guilty to shoplifting, and the other two charges are formally dismissed by the court.

  This demonstrates a negotiated plea as the defendant avoided prosecution on multiple charges by agreeing to plead guilty to a single, less complex charge, thereby streamlining the legal process and avoiding a trial on all counts.