The vast majority of criminal cases are resolved through a "plea bargain", usually well before the case reaches trial. In a plea bargain, the defendant agrees to plead guilty, usually to a lesser charge than one for which the defendant could stand trial, in exchange for a more lenient sentence, and/or so that certain related charges are dismissed. For both the government and the defendant, the decision to enter into (or not enter into) a plea bargain may be based on the seriousness of the alleged crime, the strength of the evidence in the case, and the prospects of a guilty verdict at trial. Plea bargains are generally encouraged by the court system, and have become something of a necessity due to overburdened criminal court calendars and overcrowded jails.
What Kind Of Plea Bargain Might Be Made?
To illustrate how a "plea bargain" might be reached in a criminal case: suppose Dan is arrested and charged with two counts of aggravated
assault/battery, based on his alleged use of a baseball bat in a street fight. A "plea bargain" might be reached in Dan's case in one of three ways: