{"id":352291,"date":"2023-12-14T18:53:07","date_gmt":"2023-12-14T23:53:07","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-procedure\/plea-bargaining-in-federal-courts.html"},"modified":"2023-12-14T18:53:07","modified_gmt":"2023-12-14T23:53:07","slug":"plea-bargaining-in-federal-courts","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-procedure\/plea-bargaining-in-federal-courts.html","title":{"rendered":"Federal Plea Bargains"},"content":{"rendered":"\n
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Federal Plea Bargains<\/h1>\n
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\n By Samuel Strom, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Key Takeaways<\/h2>\n

Plea bargains are rare in federal criminal cases. Yet, the Federal Rules of Criminal Procedure still allow for plea bargains.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

Plea bargains play a unique role in federal criminal cases. They are more common for state crimes. There are strict rules for the plea bargaining process. A federal judge can even reject a proposed plea deal.<\/p>\r\n

Before you decide how to plead in a criminal case, consult with a defense attorney<\/a>. Pleading guilty means you will have a federal conviction on your record. You should fully understand how a plea deal may affect your life.<\/p>\r\n

Why Federal Plea Bargains Are Rare<\/h2>\r\n

Under United States Sentencing Guidelines<\/a>, a federal prosecutor has less leeway to offer plea deals than state prosecutors. Many federal offenses also carry mandatory sentences<\/a>. These sentences don’t allow any room for plea bargaining.<\/p>\r\n

How Federal Plea Bargains Work<\/h2>\r\n

Plea bargains are an agreement between a prosecutor and a defendant. The defendant usually pleads guilty to certain charges<\/a>. In exchange, they usually receive a lesser sentence or plead guilty to a lesser crime. Defendants often accept a plea deal to avoid minimum sentences imposed by some federal crimes.<\/p>\r\n

A defendant’s criminal charges and any prior criminal convictions<\/a> play a significant role in plea bargaining. A first-time offender charged with a misdemeanor could avoid jail time. A repeat offender charged with a felony likely will not receive as good a plea bargain.<\/p>\r\n

The prosecutor recommends the defendant’s criminal charges to the judge. If a defendant accepts a plea deal, the federal judge determines their sentence at a sentencing hearing. The judge doesn’t have to agree with the prosecutor’s recommendation.<\/p>\r\n

Benefits and Consequences of a Federal Plea Deal<\/h3>\r\n

Plea bargains have various pros and cons<\/a> for everyone involved. The criminal justice system<\/a> favors plea agreements. Over 90% of criminal defendants<\/a> accept plea offers. For the courts, plea bargains promote judicial efficiency. They resolve cases quickly and eliminate criminal trials from the courts’ dockets.<\/p>\r\n

For defendants, plea bargains often result in a more lenient sentence or a less serious offense on their criminal record. They may also save money on private attorneys’ fees by forgoing a trial.<\/p>\r\n

Defendants who accept plea bargains waive several constitutional rights<\/a>. For example, they waive their right to a public jury trial<\/a>. They also waive the right to confront witnesses<\/a> brought against them. Critics of plea bargains argue that plea bargains are coercive. They say innocent defendants sometimes plead guilty to avoid a lengthy potential prison sentence.<\/p>\r\n

Types of Plea Bargaining<\/h2>\r\n

There are several types of plea bargaining methods<\/a>. In general, these methods include the following:<\/p>\r\n