Plea Bargain
An agreement between the defendant and the prosecutor where the defendant pleads guilty to a lesser charge or receives a lighter sentence in exchange for giving up the right to trial.
A plea bargain is a negotiated agreement between a person charged with a crime and the prosecutor. In most plea bargains, the defendant agrees to plead guilty to a lesser charge, or the prosecutor agrees to recommend a lighter sentence, in exchange for the defendant giving up their right to a trial. The judge must approve the plea, but judges accept plea agreements in the vast majority of cases.
Plea bargains resolve most criminal cases in Minnesota. They save time and resources for the courts, give defendants more certainty about the outcome, and allow prosecutors to focus resources on the most serious cases. Common types include charge bargains (pleading guilty to a less serious offense), sentence bargains (agreeing on a lighter punishment), and continuances for dismissal (the case is dismissed if the defendant stays out of trouble).
Why it matters: Accepting a plea bargain means giving up your right to trial and admitting guilt, which creates a criminal record. Before accepting a plea, it is important to understand the consequences, including how it affects future employment, immigration status, and the possibility of expungement.
Example: A person charged with a felony theft negotiates a plea bargain with the prosecutor. They agree to plead guilty to gross misdemeanor theft in exchange for the prosecutor recommending probation instead of prison time.
Criminal cases, court hearings where charges are reduced, sentencing discussions