---
title: "Plea Bargain"
type: Legal Term
source: https://casebriefly.com/legal-terms/plea-bargain
---

# Plea Bargain

A plea bargain is a negotiated agreement between the prosecution and the defense in which the defendant agrees to plead guilty or no contest, typically in exchange for a reduced charge, dismissal of other charges, or a sentencing recommendation. The Supreme Court has recognized plea bargaining as an essential component of the criminal justice system (Santobello v. New York, 1971), and approximately 95% of criminal convictions result from guilty pleas. For a plea to be constitutionally valid under Boykin v. Alabama (1969), it must be knowing, voluntary, and intelligent -- the defendant must understand the nature of the charges, the rights being waived (including the right to trial by jury, the right to confront witnesses, and the privilege against self-incrimination), and the consequences of the plea. Prosecutors are bound by the terms of the bargain, and a breach may entitle the defendant to specific performance or withdrawal of the plea.

## Related Terms

- right-to-counsel-6th-am
- effective-assistance-of-counsel
- grand-jury

## Related Cases

- gideon-v-wainwright
- argersinger-v-hamlin
- apprendi-v-new-jersey

## Example

The prosecutor offered a plea bargain reducing the charge from first-degree robbery to second-degree in exchange for a guilty plea and testimony against a co-defendant, but defense counsel failed to communicate the offer, which expired, resulting in a conviction at trial on the original charge and a successful ineffective assistance claim.

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Source: [Plea Bargain — CaseBriefly](https://casebriefly.com/legal-terms/plea-bargain)