Free Initial Telephone Consultation
View Our Practice Areas

What are some areas of negotiation for a plea bargain?

When you are facing criminal charges of any sort, including charges for assault or battery, you might be interested in learning if the prosecution is willing to work out a plea arrangement with you. There are several areas in which you can negotiate when it comes to a plea bargain. Understanding each of those areas might help you come to an agreement with the prosecution. It is possible to negotiate only in one area; however, it is also possible to negotiate in more than one area.

What are the areas of negotiation?

The areas for negotiation for a plea bargain include the sentence, the charge and the facts. If you are negotiating the sentence, you might have to plead guilty to your original charge without having to face the harshest sentence. If you are negotiating the charge, you might end up with a lesser charge than your original. If you are negotiating over the facts, you might be able to stop certain evidence from being presented. Fact bargaining is the least used of these three areas.

What elements have to be present for a plea bargain to be valid?

There are three elements that have to be present if you are entering into a plea deal. There has to be a factual basis to support the points in the plea deal. You have to know you are waiving your rights. You have to voluntarily waive those rights.

Does the court have to accept a plea bargain?

The points in a plea deal are subject to the approval of the court. A plea deal is an agreement between the defense and the prosecution. It doesn't become final until the court approves.

Understanding how to approach a plea bargain and knowing exactly how it will affect you are vital if you are considering this type of deal. Carefully consider all aspects of the plea deal so you can determine if you are willing to accept the terms.

Source: FindLaw, "Plea Bargaining: Areas of Negotiation," accessed Sep. 24, 2015

No Comments

Leave a comment
Comment Information

Ronald E. Smith, P.C.

criminal defense & Social security disability law

Contact Our Northern Virginia Office

If you are facing criminal allegations, you need to get an attorney you can trust fighting for you. We are prepared to stand up for your rights.
Contact us online or by telephone at 703-539-5825 to speak with an experienced criminal lawyer.
For your convenience, we offer free initial telephone consultations.

Call 703-539-5825

Call For A Free Consultation

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

This site uses Google's Invisible reCAPTCHA, which is subject to Google's Privacy Policy and Terms of Use.

Office Location
3900 University Drive
Suite 210
Fairfax, VA 22030

Phone: 703-539-5825
Fax: 703-352-3370
Map & Directions