What happens if there is no plea deal?

If the defendant refuses to enter a plea—or to even speak—then the judge will typically enter a not guilty plea on his or her behalf. Someone who persistently refuses to plead may very well end up in trial, because a plea bargain is obviously out of the question.

For what reasons are plea bargains offered?

Plea bargaining is prevalent for practical reasons. Defendants can avoid the time and cost of defending themselves at trial, the risk of harsher punishment, and the publicity a trial could involve. The prosecution saves the time and expense of a lengthy trial.

Why do prosecutors overcharge suspects?

As plea bargains gained momentum in the 1800s, its practice also began to evolve and shift. Prosecutors, for instance, began overcharging suspects to increase perceived performance and to frighten defendants into taking a plea to avoid severe penalties from multiple charges.

Why do prosecutors take plea bargains?

Reasons for Prosecutors to Accept a Plea Bargain Like judges, prosecutors face overburdened schedules and limitations on their resources. Plea bargains are efficient and inexpensive, and they guarantee a favorable result instead of the uncertainty of going to trial. Many prosecutors are proud of their success rate and evaluated on this basis.

How does plea bargaining benefit the prosecutor?

In a plea bargain, a criminal defendant agrees to plead guilty or no contest in exchange for charges being dropped or diminished. As part of the plea bargain agreement, a prosecutor also may request a sentence acceptable to both sides. Plea bargaining serves as a common way to resolve criminal cases in California and throughout the United States.

Why do judges and prosecutors engage in plea bargaining?

Plea bargains serve a purpose for courts. Some reasons prosecutors offer them include: Reducing the number of cases going to court. Sometimes, it is easier for a prosecutor to offer a plea bargain than take a case to court. After all, the court system is already overcrowded. Judges will accept plea bargains to reduce the burden on the court too.