Legal Definitions - sentence bargain

A sentence bargain is a specific type of agreement made in a criminal case between the prosecutor and the defendant, often with the court's approval. In this arrangement, the defendant agrees to plead guilty or no contest to a charge (or a reduced charge) in exchange for a specific, predetermined sentence or a sentencing recommendation from the prosecutor that is acceptable to both parties. It is a form of plea bargain where the primary focus of the negotiation is the nature and severity of the punishment rather than just the charges themselves.

Here are some examples to illustrate how a sentence bargain works:

• Example 1: Felony Drug Offense

  A defendant is charged with possession with intent to distribute a controlled substance, a felony that carries a potential prison sentence of 5 to 15 years. After negotiations, the prosecutor offers a sentence bargain: if the defendant pleads guilty to the original charge, the prosecutor will recommend a specific sentence of 3 years in prison, rather than seeking a longer term. The defendant accepts this offer, understanding that pleading guilty will result in a known, reduced prison sentence compared to the uncertainty and potential maximum penalty if the case went to trial.

  This illustrates a sentence bargain because the agreement centers on a specific, predetermined prison term that the defendant receives in exchange for their guilty plea, directly impacting the punishment.

• Example 2: Misdemeanor DUI Case

  A driver is arrested for Driving Under the Influence (DUI), a misdemeanor that could result in jail time, significant fines, and license suspension. Through their attorney, the defendant enters into a sentence bargain with the prosecutor. In exchange for pleading guilty to the DUI charge, the prosecutor agrees to recommend a sentence of probation, mandatory alcohol education classes, and a specific fine amount, with no jail time. The judge reviews and approves this agreement.

  This is a sentence bargain because the defendant agrees to plead guilty in exchange for a specific set of penalties (probation, classes, fine) that avoids incarceration, demonstrating an agreement focused on the nature of the punishment.

• Example 3: Multiple Charges and Concurrent Sentencing

  A defendant faces multiple charges, including burglary and assault, which could lead to consecutive prison sentences (meaning sentences served one after the other). The prosecutor offers a sentence bargain: if the defendant pleads guilty to both charges, the prosecutor will recommend that the sentences for each charge run concurrently (meaning they are served at the same time), effectively reducing the total time the defendant would spend incarcerated. The defendant agrees, preferring a shorter overall sentence in exchange for admitting guilt.

  This exemplifies a sentence bargain because the negotiation directly impacts how the sentences for multiple crimes will be structured, leading to a specific, agreed-upon outcome regarding the total duration of punishment.