Plea Bargaining: State Provisions

Plea bargaining is not a creature of law; it's one of legal practice. Therefore, state laws don't create or prohibit the right to plea bargain.

This article briefly summarizes plea bargains and why they are common in criminal law. It then discusses common criticisms of plea bargains. This article also briefly examines each state's plea bargain process.

Plea Bargaining Explained

Plea bargaining involves a negotiation between the prosecution and the defendant. Plea negotiations may generally occur anytime during a criminal proceeding after law enforcement arrests the defendant. Sometimes, plea discussions occur before the government brings formal charges against the defendant.

The plea bargaining process sometimes occurs after a judge informs the defendant of their criminal charges at their arraignment hearing. At that time, the prosecution may offer the defendant an opportunity to plead guilty to a lesser offense or a more lenient sentence. However, some crimes impose minimum mandatory sentences and do not allow for lesser sentences. A defendant who enters a guilty plea must do so in open court, and a judge must approve the plea bargain.

The Federal Rules of Criminal Procedure restrict federal prosecutors from some forms of plea bargaining. Most states have adopted similar rules of criminal procedure that apply in their jurisdictions. The United States sentencing guidelines also play a role in plea bargains, setting minimum and maximum sentences for crimes and enhancements.

Plea bargaining occurs in both misdemeanor and felony cases. A defendant's charged offense and prior criminal history affect plea negotiations. A first-time offender with a misdemeanor case may escape jail time altogether by entering a guilty plea. A repeat offender charged with a felony may not receive a lenient bargain. Alternatively, the government may not allow them to plead guilty to a lesser offense.

Judicial Economy

Courts tend to favor plea bargaining. Overloaded dockets, underfunded courtrooms, and the specter of appeals all incentivize federal and state courts to accept plea bargains. A plea bargain ensures a case is resolved before it reaches the trial court. It also removes the case from the docket and consumes no further government time or resources. Overall, plea bargaining allows courts to resolve more cases.

Criticism of Plea Bargains

Plea bargains are controversial. Some argue that plea bargains allow defendants to skirt law and order. Others argue that plea bargaining is legal extortion and effectively railroads defendants into guilty pleas. Both sides, however, argue that it hurts the criminal justice system. This section details some of the arguments against guilty pleas.

No Justice For The Accused

One common complaint with plea bargaining relates to the criminal trial as a mechanism for justice. More than 90% of criminal cases are resolved through plea bargains. Critics think many innocent defendants accept plea bargains to avoid the expense, stress, and risk of a jury trial.

Criminal defendants who enter a plea of guilty also give up some of their constitutional rights. Their guilty plea acts as a waiver of the following rights:

• The right to confront witnesses brought against them
• The right to a public trial by jury
• The right against self-incrimination

For more information, consider reading FindLaw's article about plea bargains.

Power to the Prosecutor

If they charge the defendant with crimes that carry severe mandatory sentences, the defendant may have little choice but to enter a guilty plea for fear of a conviction at trial.

Prosecutors' exercise of discretion receives less oversight than that of judges. This increases the risk that similarly situated parties may face different outcomes for similar crimes with similar factual bases. Additionally, states have separate sentencing guidelines and criminal penalties. Moreover, one state's attorney general may have a different prosecution philosophy than another's. These factors, some critics argue, undermine the fairness of criminal prosecutions.

In a plea bargain, a judge has discretion regarding a criminal sentence. If a jury convicts the defendant of a crime carrying a mandatory sentence, the judge has no sentencing discretion. Therefore, a prosecutor may make an offer to a defendant that is too good to refuse.

No Justice for Victims

Some states do not require prosecutors to inform victims of plea negotiations. In those states, a victim may attend the criminal trial expecting to confront the defendant. Instead, the trial judge may quickly approve a plea deal, and the victim (or their family) may not have a chance to confront the defendant.

Plea bargains typically impose less severe punishment than an individual's potential punishment if they went to trial. Some critics argue that plea bargains allow criminals to escape their deserved punishment. In essence, they argue that plea bargains do not serve justice to the victims.

Escaping justice speaks to another more significant concern about plea bargains. Some argue that plea deals place the criminal justice system's legitimacy and fairness at risk. Combined with the high frequency of plea bargaining, critics say the criminal justice system is no longer about justice. Instead, it is simply a system of pleas.

Get Help With Your Plea Bargain From a Criminal Defense Attorney

When considering plea bargaining, state laws and prosecutors will figure prominently. No matter your criminal matter, you can rely on an expert criminal defense attorney to negotiate the best possible plea agreement. If the government has charged you with a crime, contact a criminal defense attorney near you.

Summary of Plea Bargain Processes By State

Following is a rundown of the processes for plea bargaining in each state.

• Alabama
• Alaska
• Arizona
• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• District of Columbia
• Florida
• Georgia
• Hawaii
• Idaho
• Illinois
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Missouri
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
• Vermont
• Virginia
• Washington
• West Virginia
• Wisconsin
• Wyoming

Alabama

Alabama allows defendants to enter into plea agreements. The prosecutor and defendant may negotiate a plea deal. If they reach a mutually satisfactory plea agreement, the prosecutor may move to dismiss a criminal charge(s), recommend a sentence, or both.

The parties must disclose the agreement in open court. The court may accept or reject the plea agreement or defer it until it receives a presentence report. The court must conduct a colloquy with the defendant to ensure the defendant knows the consequences of the guilty plea and decides voluntarily. The court does not need to conduct a colloquy for misdemeanor guilty pleas. The court cannot accept the guilty plea if there is no factual basis for the plea.

Alaska

Defendants may enter into plea agreements in Alaska. However, Alaska restricts prosecutors from engaging in sentence bargaining with the defendant. This means prosecutors cannot recommend a more lenient jail or prison sentence to the court or threaten a longer sentence to improve their negotiation position.

The state allows prosecutors to engage in charge bargaining. This means the parties may negotiate which charges the prosecutor may bring or dismiss. The court has discretion whether to accept or reject a plea agreement. The judge cannot approve the plea bargain unless it has a reasonable factual basis. A defendant typically cannot withdraw their plea unless they show manifest injustice occurred.

Arizona

Arizona allows defendants to enter into plea agreements. Before the court accepts a plea, it must hold a hearing to determine several things. First, the court must ensure the defendant voluntarily and intelligently entered the plea in open court with full knowledge of its consequences. Second, the court must determine whether the guilty plea has a factual basis.

The court may accept a no-contest plea (nolo contendere) after considering the parties' views and the public interest in administering justice. A defendant who pleads guilty waives their right to have an appellate court review their criminal proceeding (except in capital cases). They must file a motion for post-conviction relief if they want to request a review. A defendant may withdraw from a plea agreement if a court determines manifest injustice occurred.

Arizona allows the parties to negotiate any part of the case. The victim has a right to confer with the prosecutor before the case's resolution. The victim has a right for the parties and the court to hear them before the court accepts a plea agreement.

Arkansas

Arkansas allows criminal defendants to enter into plea agreements. The prosecutor may only negotiate with defense counsel unless the defendant does not have an attorney. They may negotiate any part of the criminal case.

If the parties choose, they may submit the proposed plea deal to the judge before the plea hearing. If the parties do not, they must present it in open court. The judge will then approve or reject the plea bargain. If the judge rejects it, they will ask the defendant if they want to withdraw the plea.

California

California allows most criminal defendants to enter into plea agreements. However, California Penal Code § 1192.7 prohibits plea bargaining in the following criminal cases:

• Where the indictment or information charges a serious felony (e.g., murder, rape, assault with a deadly weapon)
• A felony in which the defendant allegedly used a firearm
• Driving under the influence (DUI)
• Violent sex crimes (although some exceptions apply)

Plea bargains are available in most other cases. The parties must agree to the provisions in the plea agreement, enter it in open court, and the court must approve it. If the court rejects the plea deal, the court deems the plea withdrawn.

Colorado

Defendants may enter into a plea bargain in Colorado. The state allows charge and sentencing bargaining. The judge determines whether to accept or reject the plea deal. The court must determine whether the defendant understands the charges to which they are entering a guilty plea, the consequences of pleading guilty, and whether they are entering the plea voluntarily. The court must conclude the guilty plea has a factual basis before it can approve the plea bargain.

Connecticut

The Connecticut Judicial Branch's Practice Handbook outlines the plea bargaining process in Section 39. The parties may negotiate charges and sentences in their discussions. The parties may introduce the plea deal in open court or in camera if the judge allows it. In camera is a legal term meaning in private or in a judge's chambers.

The judge may approve or reject the plea deal or defer their decision to consider a presentence report. If the judge sentences the defendant to a sentence beyond that contemplated in the agreement, the defendant can withdraw from the deal. Before accepting the defendant's guilty plea, the judge must confirm the defendant knowingly and voluntarily entered the agreement. The judge must also conclude the plea bargain has a factual basis.

Delaware

Rule 11 of Delaware's Rules of Criminal Procedure governs plea bargains. The prosecutor and defendant (through their attorneys) may negotiate charges and sentencing. The parties must present the plea deal in open court or in camera.

The judge cannot accept a guilty plea for certain charges unless they confirm the defendant is aware of the following:

• Class B Misdemeanors or Crimes That Carry No Jail Time: The defendant understands the maximum potential penalty and the nature of the charges.
• Class A Misdemeanors and Felonies: The defendant understands the nature of their charges, the mandatory minimum penalty, the maximum potential penalty, applicable sentencing guidelines, and any restitution owed, among other factors.

The court must also confirm the defendant entered the plea voluntarily. Furthermore, the court must determine that the guilty plea has a factual basis.

District of Columbia

Courts in Washington, D.C., allow defendants to enter into plea bargains. The prosecution and defendant may negotiate regarding criminal charges and the proposed sentences.

The District of Columbia allows two types of sentence bargaining. The first involves the prosecution recommending an appropriate sentence. This recommendation does not bind the judge's sentencing. The second involves an agreement regarding the sentencing disposition of a case. If the court agrees to the plea bargain in such an instance, the judge is bound by the sentence contemplated in the agreement.

The judge must question the defendant in open court before the judge approves a plea bargain. Among other things, the judge must determine whether the defendant entered the agreement knowingly and voluntarily. The judge must also determine if the guilty plea has a factual basis.

Florida

Rule 3.170 of Florida's Rules of Criminal Procedures governs plea bargains. A defendant and prosecutor may negotiate the terms of the plea agreement. The negotiation may include charge and sentence bargaining.

The defendant must present the plea bargain in open court. The judge approves or rejects the plea deal. The judge must confirm the defendant knowingly and voluntarily made the plea. The judge must also determine whether a factual basis exists for the guilty plea.

A defendant may withdraw their plea anytime before sentencing. A defendant who pleads guilty so the court transfers their case to a drug court may withdraw their plea after they complete the drug court's treatment program.

Georgia

Rule 33 of Georgia's state court rules governs plea bargains. A prosecutor and defendant may negotiate a plea agreement. The negotiation may include charge or sentence bargaining.

The court must confirm the defendant entered the plea deal voluntarily and intelligently. The judge must also apprise the defendant of the constitutional rights they waive by entering a guilty plea.

If the defendant pleads guilty to a misdemeanor, they do not have to do so in open court. If the defendant pleads guilty to a more serious crime, they must do so in open court.

Hawaii

Defendants in Hawaii may enter into plea bargains. Rule 11 of Hawaii's Rules of Penal Procedure governs pleas. Hawaii allows charge and sentence bargaining. The court may involve itself in the plea negotiations. The court must inform the defendant that it is not bound by the plea bargain unless the court expressly agrees otherwise.

The court cannot accept a plea deal unless it first confirms in open court that the defendant understands the repercussions of pleading guilty. It must also confirm the defendant knows that pleading guilty waives their right to a trial. The court must ensure the defendant voluntarily entered their guilty plea. The court must also find a factual basis for the plea.

Idaho

Rule 11 of the Idaho Criminal Rules governs pleas. The parties may engage in charge or sentencing bargaining. They may also agree to any other disposition of the case. The court may involve itself in the plea negotiations.

The court may accept or reject the proposed plea agreement. It may also defer its decision until it receives a presentence report. If the court accepts a plea agreement, the court must inform the defendant of several things, including:

• The defendant is bound by the plea agreement's provisions
• If the defendant is not a U.S. citizen, a guilty plea could affect their legal status
• If the offense requires the defendant to register as a sex offender, the registration requirements
• If the defendant waives their right to appeal, the court must ask them if they are aware of the waiver

The court must also confirm that the defendant made the plea voluntarily and they are aware of the consequences of pleading guilty. The court must also show that the defendant knows of the guilty plea's nature and that the court is not necessarily bound by the agreement.

Illinois

Defendants in Illinois may enter into plea bargains. Illinois allows charge and sentence bargaining. Upon request from the parties, the judge may participate in plea negotiations. If the parties do not request the judge's participation, the judge will approve or reject the plea deal in open court.

The court cannot approve a plea bargain without first determining that the defendant voluntarily entered the plea. To do so, it will question the defendant in open court. The court must also conclude a factual basis for the plea exists.

Indiana

Indiana allows charge and sentence bargaining. Prosecutors must submit plea agreements to the court. In a felony case, they must file a written plea agreement. They may orally present a misdemeanor plea agreement.

A court must abide by the terms of an approved plea agreement. If the court rejects a plea agreement, the defendant can withdraw from it.

The prosecutor must inform the victim (or the victim's family) of any plea negotiations regarding a felony. The victim has a right to attend the plea hearing and address the court.

Iowa

Iowa allows defendants to enter into plea agreements. The defendant and prosecutor may engage in both charge and sentencing bargaining.

The parties may condition the plea agreement based on the court's approval. If the court approves it, the agreement generally binds the court to the proposed sentence. If the court rejects it, it must allow the defendant to withdraw from the agreement.

Kansas

Defendants and prosecutors may enter into plea agreements in Kansas. The prosecutor must negotiate the plea deal with the defendant's attorney unless the defendant does not have an attorney. The parties may negotiate the following:

• The dismissal of criminal charges or counts
• Which sentence the prosecution will recommend
• Which charges the prosecution will file

The prosecutor can make promises to the defendant as part of the plea deal. However, a prosecutor cannot promise the defendant they will not use a prior drug conviction to enhance a sentence.

Kentucky

Kentucky allows criminal defendants to enter into plea agreements. The judge must approve or reject a plea agreement. If the court rejects the plea deal, it must allow the defendant the opportunity to withdraw from it. A court may also defer its decision until it receives a presentence report. A defendant may withdraw their guilty plea anytime before the court enters its judgment.

Louisiana

Louisiana allows parties to negotiate charges, sentences, and facts. Before approving a guilty plea to a felony charge, the judge must confront the defendant in open court to ensure the defendant understands:

• The plea agreement and its legal implications
• The nature of the criminal charges to which they are pleading guilty
• The mandatory and maximum penalties of the charges
• They waive several constitutional rights by pleading guilty

A judge must also confirm the defendant is entering the plea voluntarily.

Maine

Rule 11 of Maine's Criminal Unified Rules governs plea agreements. It allows defendants and prosecutors to engage in charge and sentence bargaining. If the court accepts a plea deal, the court cannot impose a more severe charge or sentence than the one contemplated in the deal. If the court rejects the plea deal, it must allow the defendant the opportunity to withdraw from it.

The court must ensure the defendant enters the guilty plea knowingly and voluntarily. The court must also conclude there is a factual basis for the plea. If the defendant does not have an attorney, the court must ensure they knowingly and intelligently waived their right to counsel.

Maryland

Maryland allows charge and sentencing bargaining. The proposed plea agreement is not binding on the court. This means the judge does not have to impose the proposed punishment on the defendant. But, if the judge pre-approves the plea deal, it is binding on the sentencing judge.

The prosecutor must generally notify the victim (or their representative) of the plea deal's terms. The victim must file a crime victim notification request or submit a request to the state attorney to guarantee notification.

Before approving a plea deal, the court must examine the defendant in open court to determine:

• The defendant is entering the guilty plea voluntarily
• The defendant understands their charges and the consequences of pleading guilty

The court must also determine whether a factual basis for the plea exists.

Massachusetts

Massachusetts allows charge, sentencing, and fact bargaining. The judge may accept or reject the plea deal once the parties submit the proposed plea agreement in open court. Before accepting the deal, the court must hold a colloquy with the defendant. There, the court must determine that the defendant understands:

• They waive certain constitutional rights by entering a guilty plea
• The maximum criminal penalty their charges carry
• Any mandatory minimum sentence their charges may carry
• Any other applicable punishments their charges may carry
• That a noncitizen defendant understands the consequences their guilty plea may have, such as deportation

The prosecution must present the factual basis for the criminal charges to the court. The court must also inquire whether the prosecutor complied with the rights applicable to victims. The court may allow a victim to make a statement to the court before it decides on the plea deal.

If a court accepts the plea deal, the provisions of the deal bind the court.

Michigan

Michigan allows charge and sentence bargaining. The parties must present the plea agreement in open court orally or in writing. Before a court accepts a plea deal, it must ensure the defendant is voluntarily entering the plea. It must also ensure the defendant understands the constitutional rights they waive by pleading guilty.

A judge does not have to review a presentence report before accepting a plea agreement. If the judge does not review such a report, the plea agreement does not bind the court. If the judge reviews a presentence report and accepts the plea agreement, the agreement binds the court.

A court must question the defendant to determine whether there is an adequate factual basis for the guilty plea.

Minnesota

Minnesota allows charge and sentence bargaining. The prosecution may only negotiate with defense counsel unless the defendant is pro se. The district court judge may not participate in plea negotiations.

Once the parties present the proposed plea agreement in open court, the judge must accept or reject it. The court may defer its decision on accepting or rejecting the plea agreement until it receives a presentence report. Before making their decision, the judge will question the defendant about the following, among others:

• Whether they voluntarily entered into the plea deal
• Whether a factual basis for the charges exists
• Whether the defendant understands the consequences of their guilty plea, including the constitutional rights they waive by doing so

A defendant may withdraw their guilty plea to correct a manifest injustice. Before a judge sentences the defendant, the court may also allow a defendant to withdraw.

Mississippi

Mississippi allows for charge and sentence bargaining in plea negotiations. Only the prosecutor and the defendant's attorney may negotiate the plea agreement (unless the defendant does not have an attorney). Courts may set a deadline for a proposed plea deal. The court may not participate in the plea negotiation.

The parties must present the proposed plea bargain in open court. Before a court accepts a guilty plea, it must question the defendant to determine that they understand:

• Their charges
• The consequences of pleading guilty and the rights they waive by entering a guilty plea
• The nature of the guilty plea and the maximum and minimum penalties the law provides
• The immigration consequences if the defendant is a noncitizen

If the court accepts the plea agreement, its provisions bind the court. If the court rejects the plea deal, it must allow the defendant the opportunity to withdraw from it. A defendant may withdraw from an accepted plea deal upon showing good cause. The court has discretion to allow or deny a withdrawal.

Missouri

Missouri allows charge and sentencing bargaining in plea negotiations. The court cannot participate in the negotiations, but a judge may discuss the proposed agreement and potential alternatives.

Before a court may accept a plea bargain, it must determine the defendant entered the plea bargain voluntarily. It must also determine whether there is a factual basis for the plea. Further, it must confirm the defendant is aware of:

• The nature of their criminal charges
• The charges' maximum and minimum penalties
• The guilty plea constitutes a waiver of some of the defendant's constitutional rights

The parties must present their proposed agreement in open court unless the judge allows it in camera. At that time, the court will accept or reject the agreement. If the court accepts it, the plea agreement binds the court. If the court rejects it, it must allow the defendant the opportunity to withdraw from the agreement.

Montana

Montana allows prosecutors and defendants to negotiate charges and sentences. The prosecutor may agree to seek the dismissal of some charges. They may also agree that a specific sentence is appropriate. Alternatively, the prosecutor may recommend a particular sentence with the understanding that the recommendation is not binding on the court.

The parties must present the proposed agreement in open court. The court will accept or reject the proposed plea deal. Generally, if the accepted plea agreement involves an agreement that a particular sentence is appropriate, it binds the court. However, a prosecutor's recommended charges do not bind the court.

If the court rejects the proposed plea agreement, it must allow the defendant an opportunity to withdraw from it.

Nebraska

Nebraska allows parties to a criminal case to enter into plea agreements. The parties may negotiate criminal charges and sentences. The parties must present the proposed plea deal in open court. The parties must put the agreement in writing and sign it.

Before the parties reach a proposed plea agreement, the prosecutor must make a good-faith effort to consult with the victim about the plea deal.

The court will accept or reject the proposed plea deal. The court must determine whether a factual basis for the guilty plea exists. The court must also ensure the defendant entered the plea knowingly and voluntarily.

Nevada

Nevada requires the parties to submit all proposed plea agreements in writing or orally. Parties may negotiate the charges and sentence in the plea deal. Before submitting a plea agreement, the defendant must confirm their knowledge of:

• The constitutional rights they waive by entering a guilty plea, such as the prosecution proving they committed the crime beyond a reasonable doubt
• The guilty plea requires the defendant to admit the facts support the elements of their criminal charges
• The court has discretion in its criminal sentencing
• They knowingly and voluntarily entered the plea

For some crimes, defendants may not enter into a plea agreement unless it is in writing. If the crime is a felony, either probation is not allowed, or the maximum prison sentence is more than 10 years, the parties must submit a written plea agreement.

If the plea agreement is conditioned, in part, on the defendant testifying against another defendant, certain rules apply. For example, the plea agreement is void if the defendant's testimony is false. The parties cannot make the plea deal contingent on the defendant's testimony resulting in a specified conclusion.

New Hampshire

New Hampshire allows plea agreements. Generally, the court must ensure the defendant entered the plea agreement voluntarily and knowingly. This means the defendant understands their criminal charges, the potential penalties, and the rights they waive by pleading guilty. The court must also determine a factual basis for the defendant's guilt.

New Jersey

New Jersey allows prosecutors and defendants to propose plea agreements. The parties may negotiate charges and sentences. The parties must present the plea agreement in open court.

Before a court accepts a plea agreement, it must question the defendant to ensure:

• There is a factual basis for the defendant's guilt
• The defendant makes the plea voluntarily
• The defendant understands their criminal charges
• The defendant understands the consequences of pleading guilty

Alternatively, the defendant may submit a written stipulation indicating the above knowledge. The court may allow a defendant to withdraw from the plea if the court rejects the agreement.

New Jersey courts generally may not accept plea agreements after the pretrial conference concludes.

New Mexico

Defendants and prosecutors in New Mexico may present proposed plea agreements to the court. The negotiations may involve charge and sentence bargaining. The court cannot participate in the negotiations.

The parties must present the proposed plea deal in open court. The court may accept or reject the agreement. It may also defer it until the court receives a presentence report. The court may not accept a guilty plea until it determines the defendant's guilt is adequately based on fact.

If the agreement is contingent on a specific sentence, the agreement binds the court. If the agreement involves only a recommendation for a sentence, the agreement does not bind the court.

New York

New York allows parties to engage in plea negotiations. The negotiations may involve agreeing to plead guilty to lesser charges or a more lenient sentence. The prosecutor, for example, may promise to recommend a misdemeanor charge instead of a felony charge.

The court must approve or reject the plea agreement. A plea agreement does not bind the court's sentencing discretion. Before the court accepts a plea agreement, it must determine whether the guilty plea has a basis in fact.

North Carolina

North Carolina allows parties to negotiate charges and sentences. The parties may involve the court in its discussions. Before the parties submit a plea agreement in open court, they may consult with the judge. The judge may inform the parties whether they will approve or reject the proposed plea deal.

Before accepting a plea agreement, the court must generally ensure the defendant understands:

• The consequences of pleading guilty
• That pleading guilty waives several of their constitutional rights
• The nature of their charges
• The maximum and minimum possible sentences for their charges
• Additional consequences of pleading guilty if the defendant is a noncitizen

The court must also determine whether there is a factual basis for the defendant's guilt.

North Dakota

North Dakota allows parties to negotiate charges and sentencing in their plea agreements. The court cannot participate in the plea negotiations. The parties must present their agreement in open court.

The parties may agree on an appropriate sentence. If the court accepts the plea agreement, it binds the court to the specified sentence. But, if the prosecutor recommends a more lenient sentence, the defendant may not withdraw from it if the court decides not to follow the recommendation.

Before accepting a plea agreement, the court must address the defendant personally. The court will inform and ensure the defendant understands:

• The guilty plea constitutes a waiver of several constitutional rights
• The nature of their charges
• The consequences of their guilty plea, including minimum and maximum criminal penalties
• The court may order the defendant to pay restitution
• Additional considerations for a noncitizen who enters guilty pleas

The court must also ensure the defendant entered the agreement voluntarily.

Ohio

Prosecutors and defendants in Ohio may enter into plea agreements. Ohio allows the parties to negotiate charges and sentences. A defendant must generally enter their plea bargain in person (or via videoconference).

Before the court may approve a plea agreement, it must ensure several things. For example, it must ensure the defendant knowingly and intelligently enters the guilty plea. It must also ensure the defendant understands their guilty plea waives several constitutional rights.

The Ohio Constitution allows alleged victims to make a statement to the court. The victim may state any objections they have to the proposed plea deal.

Oklahoma

Oklahoma allows parties to negotiate plea bargains. Parties may negotiate charges and sentences. Plea agreements do not bind courts; judges have discretion in sentencing.

Before it approves a plea agreement, the court must ensure the defendant is aware of the plea bargain's legal consequences. For example, if the defendant is not a U.S. citizen, the guilty plea may lead to their deportation. A guilty plea also waives several constitutional rights, such as:

• The right to confront witnesses brought against them
• The right to a jury trial
• The right against self-incrimination

In all plea bargain cases, the victim has a right to present an impact statement at sentencing. The judge may consider the statement in sentencing.

Once the court approves a plea agreement, the judge will sentence the defendant. The defendant may withdraw from the agreement anytime before the judge imposes a sentence.

Oregon

Oregon allows plea bargains. The prosecution and the defense attorney must negotiate (unless the defendant does not have an attorney). The parties may engage in charge or sentence bargaining. The court generally may not participate in the negotiations.

The parties must include the defendant's criminal history in any proposed plea agreement. The parties may stipulate a specific sentence in the plea deal. If the court approves the plea deal, the plea agreement binds the court. If the parties stipulate a sentence outside the Oregon Criminal Justice Commission's guidelines, it does not bind the court.

Before the court approves a guilty plea, it must inform the defendant of the following, among others:

• The constitutional rights they waive by entering a guilty plea
• The maximum possible sentence
• The consequences of pleading guilty if the defendant is not a U.S. citizen

Anytime before a final judgment, the defendant may withdraw their guilty plea.

Pennsylvania

Parties to a criminal case may negotiate plea agreements in Pennsylvania. The court generally cannot participate in the negotiations.

The defendant must make their guilty plea in open court. The court will then decide whether to approve or reject the plea deal.

The court may not approve a plea agreement unless it first confirms the defendant entered the plea knowingly and voluntarily. It must also determine whether there is a factual basis for the guilty plea. Further, the court must inquire whether the defendant knows the consequences of their guilty plea.

There are special rules for guilty pleas in murder cases. Suppose the government charges the defendant with murder, but the death penalty is not authorized. If the defendant pleads guilty, a jury decides the degree of guilt. The judge may only decide the degree of guilt if the prosecution elects to have the judge do it.

The court has discretion whether to allow a defendant to withdraw their guilty plea.

Rhode Island

Rhode Island allows defendants to negotiate plea bargains with the prosecution. The parties may negotiate charges and sentences.

Before the court approves a guilty plea, it must ensure the defendant makes the plea voluntarily. It also must ensure the defendant understands the charges to which they plead guilty and the consequences of pleading guilty. The court must also find that the guilty plea has a factual basis.

South Carolina

South Carolina allows parties to negotiate plea deals. This includes charge and sentence bargaining. Plea bargains that deal with reduced or lesser charges bind the court. The court has discretion regarding recommended sentences.

The parties must complete all plea negotiations before the plea hearing. At the plea hearing, the prosecutor will advise the court of their recommendations. The court will either approve or reject the proposed plea agreement. If the court rejects the plea deal, the case may go to trial.

The alleged victim has a right to address the court before it approves or rejects a plea deal. The victim does not have the right to veto a plea deal.

South Dakota

South Dakota allows parties to negotiate plea deals. The court cannot involve itself in the negotiations. The state allows parties to negotiate criminal charges and sentences.

Before the court approves a plea agreement, it must address the defendant about the following, among others:

• The nature of the charges to which they plead guilty
• The charges' mandatory and maximum penalties
• The constitutional rights the defendant waives if they enter a guilty plea

The court must determine whether the defendant voluntarily entered the guilty plea. The court must also determine whether a factual basis exists for the guilty plea.

If the defendant pleads guilty to a misdemeanor, they do not need to appear in court to do so. Instead, their attorney may appear in court on their behalf and enter the plea. For a felony, the defendant must plead guilty in open court.

If the court rejects the plea agreement, they must give the defendant the opportunity to withdraw their plea.

The prosecution must make a good-faith effort to communicate the nature of the plea agreement with the victim or their designee. The victim may comment on the plea agreement, which the court must read into the record.

Tennessee

Parties to a Tennessee criminal case may enter into plea bargains. They may negotiate the charges and sentences. The court may not participate in the plea negotiations. The parties must generally present the proposed plea in open court.

Before the court accepts a plea agreement and guilty plea, it must inform the defendant of, and ensure they understand:

• The nature of their criminal charges
• The maximum and minimum criminal penalties
• Their constitutional rights waived by entering the guilty plea

The court must also determine that the defendant is entering the plea deal voluntarily and there is a factual basis for the guilty plea.

If the court accepts the plea agreement and guilty plea, the agreement's provisions bind it. If the court rejects the proposed agreement, it must allow the defendant to withdraw from the deal.

Texas

Texas' Code of Criminal Procedure governs guilty pleas and plea agreements. Texas allows charge and sentencing bargaining.

If the defendant pleads guilty to a felony, they must do so in open court. If they plead guilty to a misdemeanor, they or their attorney may make the plea.

Before a defendant enters a guilty plea, the court must inform the defendant of:

• Their criminal charges' punishment range
• The prosecutor's recommendations do not bind the court
• Additional legal considerations for noncitizen defendants who plead guilty, such as deportation

The court cannot accept a guilty plea unless it first determines the defendant voluntarily enters the plea. It also must ask the prosecution whether it provided notice of the plea agreement to the victim and whether they provided an impact statement.

If the defendant pleads guilty to a felony and the law does not specify a particular punishment, the court may impanel a jury to decide the punishment. A defendant in a misdemeanor case may waive their right to a jury in this instance.

Utah

Utah allows sentence and charge bargaining in plea negotiations. The court may not participate in the negotiations. The parties may, however, ask the judge to review the agreement before the plea hearing. The judge may inform the parties whether they will approve or reject the agreement before the plea hearing.

Before the court approves a plea agreement and accepts a guilty plea, it must ensure that the defendant is voluntarily entering the plea. The court must also confirm the defendant's understanding of their waiver of certain constitutional rights if they enter a guilty plea. Further, the defendant must understand the nature of their charges.

Vermont

Vermont allows parties to enter into plea bargains. The prosecutor and the defendant's attorney may negotiate the plea deal. The court generally cannot participate in the negotiations unless a court reporter takes down the proceeding or it is recorded.

The court may accept or reject the plea agreement. It may also defer its decision until it receives a presentence report. The plea agreement does not bind the court. If the court rejects the plea agreement, it must allow the defendant the opportunity to withdraw their plea.

The court must determine a factual basis exists for the defendant's guilty plea. The court must also ensure the defendant is entering the plea agreement and their guilty plea voluntarily. Additionally, the court must address the defendant in open court and inform them of the consequences of pleading guilty.

Virginia

Virginia allows sentence and charge bargaining in criminal cases. The court cannot participate in the plea negotiations. The parties must submit all plea agreements in writing.

The parties may agree on the appropriate charges or sentence and memorialize it in the plea agreement. If so, and the court accepts it, the provisions bind the court. However, if the prosecutor only recommends charges, it does not bind the court.

A court may not accept a guilty plea until it determines the defendant entered the plea voluntarily and with an understanding of the plea's consequences.

Washington

Washington allows for sentencing and charge bargaining. Before filing the plea agreement, the prosecutor and defendant must file a record of the defendant's criminal record with the court.

A court may not accept a plea bargain until they determine the defendant entered into it voluntarily. It must also conclude there is a factual basis for the guilty plea. The court must also inform the defendant of the rights they waive by pleading guilty. The proposed plea deal does not bind the court.

If the defendant allegedly committed crimes against a person, the prosecution must inform the victim of plea negotiations. The victim has a right to object to the plea agreement.

The court may allow a defendant to withdraw from the agreement to correct a manifest injustice.

West Virginia

Rule 11 of West Virginia's Rules of Criminal Procedure governs plea bargains. It allows parties to engage in charge and sentence bargaining.

Before the court accepts a guilty plea, it must address the defendant in open court. It must inform the defendant of the consequences of their guilty plea, including the waiver of certain constitutional rights. The court must also determine whether the defendant enters the plea voluntarily.

If the prosecution recommends a specific sentence, the recommendation does not bind the court.

Wisconsin

Wisconsin allows plea bargains in criminal cases. Wisconsin allows charge and sentencing bargaining.

Before accepting a guilty plea, the court must determine whether the defendant entered the plea voluntarily. It must also inquire as to the factual basis of the defendant's guilt. The court must also inform the defendant of the rights they waive by entering a guilty plea and any legal consequences that may arise for a noncitizen pleading guilty.

The prosecution has a duty to confer with the victims about the prosecution of the case. This includes whether to offer a plea agreement. It does not, however, limit a prosecutor's ability to prosecute the case as they see fit.

A court may allow a defendant to withdraw their guilty plea until the court imposes a sentence.

Wyoming

Rule 11 of Wyoming's Court Rules governs plea agreements. The court may not participate in the plea negotiations.

Before the court accepts a guilty plea, it must inform the defendant of the constitutional rights they waive if they enter a guilty plea. It must also determine the defendant enters the plea voluntarily and understands the consequences of the plea. The court must also conclude there is a factual basis for the guilty plea.

The prosecutor's recommendations do not bind the court. But, if the parties agree to a specific sentence, the plea deal binds the court. If the court rejects a proposed plea agreement, it must allow the defendant to withdraw their plea.