How Do Federal Plea Bargains Work?

To put it mildly, the plea bargaining process in federal court has changed significantly in recent years. For many years, U.S. attorneys and defense lawyers wheeled and dealt behind closed doors, and judges practically rubber-stamped their plea bargain agreements. The Federal Sentencing Act ended this practice. Under this law, negotiating a plea bargain was like filing a tax return. FSA tables determined the sentence. A few years later, Congress modified the FSA to federal sentencing guidelines. The current system is somewhere in between the two extremes.

The change worked, at least from one perspective. Plea bargains in federal court are at an all time high. Fewer than 1 percent of federal criminal cases go to trial. But the essential nature of a plea bargain hasn’t changed. A plea bargain is an agreement between a Tampa criminal defense lawyer and a prosecutor. The defendant agrees to plead guilty (or sometimes no contest) to a criminal charge in exchange for some form of leniency or another concession from the government.

Types of Plea Bargains in Federal Court

The three primary types of plea bargains available in federal criminal court are charge bargaining, sentence bargaining, and fact bargaining.

In charge bargaining, the defendant pleads guilty to a less serious charge than the one originally filed. For example, a defendant might plead guilty to a lesser drug offense in exchange for the dismissal of a more serious trafficking charge.

Sentence bargaining is an agreement between the prosecutor and a Tampa criminal defense lawyer for a lighter sentence. The judge doesn’t directly supervise sentence bargaining negotiations, but the judge must approve the settlement.

Fact bargaining is less common and sometimes controversial. The defense agrees to stipulate certain facts if prosecutors don’t introduce other facts that might lead to a longer sentence. The aforementioned drug trafficking/drug possession plea bargain is a good example. The U.S. Attorney promises not to introduce more damaging evidence if the defendant agrees to some elements of drug possession.

Rule 11 of the Federal Rules of Criminal Procedure controls all plea bargain agreements. This rule ensures that any plea is made knowingly, voluntarily, and with an understanding of the consequences.

The judge plays a critical role in this process. Before accepting a plea, the judge must ensure that the defendant understands the rights they are waiving, such as the right to a jury trial, the right to confront witnesses, and the right against self-incrimination.

Additionally, the judge must confirm that there is a factual basis for the plea. Most judges require an allocution. The defendant not only pleads guilty. S/he also furnishes details about the crime on the record.

Sentencing Guidelines

The U.S. Sentencing Guidelines provide recommended sentencing ranges, based on the severity of the offense and the defendant’s criminal history. Although these guidelines are advisory rather than mandatory, they influence both plea negotiations and sentencing decisions. Prosecutors often agree to recommend a lower sentence range or omit aggravating factors in exchange for a guilty plea.

These guidelines eliminate some extreme plea deals and minimize the behind-closed-doors aspect of plea bargains. But many people still complain that the plea bargain system gives U.S. Attorneys too much power and violates the spirit of the Sixth Amendment’s guarantee of a public trial.

Despite its criticisms, the system is here to stay. Prosecutors and defense attorneys alike often see plea agreements as a necessary tool in achieving resolution. Judges, while not bound by the plea deal, usually respect the negotiated terms if they fall within the bounds of the law and sentencing guidelines.

Count on a Diligent Hillsborough County Attorney

A criminal charge is not the same thing as a criminal conviction. For a confidential consultation with an experienced criminal defense lawyer in Tampa, contact the OA Law Firm. The sooner you reach out to us, the sooner we start working for you.

Source:

congress.gov/100/statute/STATUTE-101/STATUTE-101-Pg1266.pdf