When someone has been charged with a crime, it’s unlikely that they’ll have a trial, with their fate being decided by a jury. Defendants have the option of taking the case to trial. However, in most instances, unless a person pleads guilty to the crime with which they’re charged, prosecutors have an incentive to reach a plea agreement with them.
This saves the government time, money and manpower. It can also save them the risk of losing their case if their evidence isn’t solid enough to convince a jury of the defendant’s guilt or they believe they have a particularly sympathetic defendant
Plea agreements can also be advantageous to defendants who have some culpability for criminal activity. Plea “bargaining” typically revolves around the specific offense and/or consequences. Prosecutors may offer to lessen a charge from a felony to a misdemeanor, which in itself will likely reduce the consequences. They may offer to let the charge stand, but reduce or eliminate prison time and other penalties.
If prosecutors and a defendant reach a plea agreement, it then requires the approval of a judge. In most cases, judges approve these agreements. However, there are times when judges can reject a plea agreement.
What does Washington law say?
Under Washington law, “The sentencing judge is not bound by any recommendations contained in an allowed plea agreement.” It further says, “If the court determines it is not consistent with the interests of justice and with the prosecuting standards, the court shall, on the record, inform the defendant and the prosecutor that they are not bound by the agreement and that the defendant may withdraw the defendant’s plea of guilty, if one has been made, and enter a plea of not guilty.”
A judge may believe that a plea deal is too lenient. They might believe that a defendant should stand trial for the offense with which they were originally charged if they don’t plead guilty.
Defendants should never try to plea bargain with prosecutors on their own. It’s always crucial to have experienced legal guidance. It’s also crucial to remember that a plea agreement involves pleading guilty to some offense – and understand what that guilty plea will mean for their future.