The difference between an agreement with the prosecution and a trial agreement is subtle but shocking: in the negotiation of a guilty plea, the defendant agrees to give up all of his procedural rights in exchange for leniency; in a court agreement, the defendant will waive only a limited amount of his procedural rights in exchange for a limited leniency. Either party can start negotiations on a proposed settlement with the prosecution, although obviously both parties have to agree before one is fulfilled. Negotiating a guilty plea generally involves the defendant pleading guilty to a minor charge or just one of several counts. It can also involve a guilty plea as charged, and the prosecution will recommend leniency in the sentence.
However, the judge is not required to follow the prosecution's recommendation. Many plea agreements are subject to court approval, but some may not be (for example, most criminal defendants will eventually be found guilty). An agreement with the prosecution is an agreement in a criminal case between the prosecutor and the accused. It usually involves the defendant pleading guilty to a misdemeanor in exchange for a reduced sentence that has been agreed upon in advance.
A defendant can only plead guilty if he actually committed the crime and admits doing so in a public hearing before the judge. In Virginia, most criminal cases are resolved when the defendant pleads guilty to the crime he is accused of committing or to a misdemeanor. For these reasons, it's very important to consult with a criminal defense lawyer before reaching a plea agreement. Critics of the plea bargain complain that this efficiency comes at the expense of transparency and justice.
The type of plea agreement available to a defendant is usually determined by the defendant's criminal history and the seriousness of the current charges. By reducing the charge in plea negotiations, the defendant can avoid the mandatory minimum sentence for certain types of convictions. The best way to decide if you should plead guilty or go to trial is to hire an experienced criminal defense lawyer immediately after your arrest. Another drawback for defendants is that almost all plea agreements require the defendant to plead guilty or not challenge criminal charges, which creates or adds to their permanent criminal record.
For the most serious cases, the sentence agreement could reduce the prison sentence for years or convert prison time to probation. Defendants also benefit from saving time when negotiating a guilty plea, especially in the case of less serious charges. Sometimes, the Government agrees, as part of a plea agreement, not to recommend a longer sentence (for example, more time in prison for certain reasons), but it is up to the judge to determine how the accused will be punished. Negotiating the facts can result in a lighter sentence if the prosecutor agrees with a particular set of facts about the crime.
An experienced defense lawyer can evaluate the merits of a case and the possible outcome of a trial against the guilty plea offered by the prosecution. Plea agreements provide a certain sense of security because they allow defendants to negotiate the terms of the sentence and avoid the harshest punishments. While they may have committed several crimes at the same time, a plea agreement could reduce the number of charges.
