What Is Arraignment and What Is a Plea Bargain?
During an arraignment, which is conducted in an open court, a judge will read charges to an accused individual on which they will be tried before the individual pleads not guilty, guilty, or no contest (“nolo contendere”). If waived by the accused and/or their counsel, arraignment can be omitted in felony and misdemeanor cases.
A plea bargain is a common negotiation that defendants can enter into during criminal cases. During a plea bargain, a prosecutor will agree to less severe charges and/or a shorter sentence if the defendant agrees to plead guilty. Afterward, the prosecution will recommend this plea bargain to the court; if the judge accepts, the case will move to sentencing. If a court rejects the bargain, the case will continue along the standard criminal proceedings instead. Always consult with your legal counsel before taking a plea bargain to ensure it is the best solution available and to be aware of all potential consequences.
What are the types of bargains I can make?
There are three types of plea deals: charge bargain, count bargain, and sentence bargain.
During a charge bargain, a defendant will negotiate with the Commonwealth attorney to reduce the current charge to a less severe one. Thus, the defendant will plead guilty or no contest to the new offense and accept the smaller penalties. Reckless driving cases commonly involve charge bargains. A Commonwealth attorney may agree to reduce the charge to improper driving or speeding, which brings the misdemeanor down to a traffic infraction, which eliminates large fines, suspension of license, and jail time.
During a count bargain, a defendant will negotiate with the Commonwealth attorney to reduce the number of charges, often by pleading guilty to one or two of the most severe charges in order to eliminate the rest.
During a sentence bargain, a defendant agrees to plead guilty to their offense to negotiate the length and/or nature of their sentence with the Commonwealth attorney. This type of plea deal is enlisted in complicated cases where a judge or jury sentences a defendant with a large variety of punishments. After pleading guilty, the defendant will accept an agreed-upon punishment to reduce the uncertainty of a judge or jury’s sentencing.
How do I make a plea bargain?
The following procedure is outlined in the Rules of the Supreme Court of Virginia by Virginia’s Judicial System (VA Courts).
After the Commonwealth attorney discusses with the defendant’s counsel or a pro se litigant (defendant who is representing himself or herself), the defendant agrees to plead guilty or nolo contendere (no contest) to the charged offense or a lesser offense under the following conditions:
The Commonwealth attorney will move for nolle prosequi (a formal notice of abandonment of all parts of a lawsuit or legal action) or dismissal of charges that are additional to the defendant's charged offense or lesser offense.
The Commonwealth attorney will make a recommendation or agree to not oppose the defendant’s request for the agreed-upon reduced sentence. This recommendation or request, however, may not be binding during court if the judge rejects it.
The Commonwealth attorney will agree that the agreed-upon sentence is the appropriate disposition or arrangement for the case.
If all parties agree to the plea bargain, the bargain will be recorded in writing and signed by both the Commonwealth attorney and the defendant before it is presented to the court. This agreement must be disclosed to the open court when the plea is offered.
The court may accept or reject the agreement, or it may defer its decision until there is an opportunity to consider a presentence report.
“If the agreement is of the type specified in subdivision (c) (1) (B), the court shall advise the defendant that, if the court does not accept the recommendations or request, the defendant nevertheless has no right to withdraw his plea, unless the Commonwealth fails to perform its part of the agreement. In that event, the defendant shall have the right to withdraw his plea.”
If the court accepts the plea deal, the court will execute the sentence that the disposition provided in the agreement.
If the court rejects the plea deal, the court will inform the parties in open court that the agreement was unaccepted. Further, the defendant will have the right to withdraw their plea of guilty or no contest as they are no longer bound to the plea agreement.
Unless the parties agree otherwise, the case will be heard by a separate judge if the plea of guilty or no contest is withdrawn.
What are the advantages of a plea bargain?
Taking a plea deal will allow the defendant to have shorter sentences and less severe and/or fewer charges. Additionally, given a judge accepts the deal, a defendant will know their sentence immediately; a prosecutor would not present unexpectedly harsher sentences in court since it was already determined and agreed upon in the bargain. Accepting a plea deal also reduces time in court and attorney fees since the case can conclude considerably faster if one’s charges are not contested.
What are the disadvantages? When should I not take a plea deal?
If an individual pleads guilty to criminal offenses, they will face additional hardships that are separate from time in jail/prison and fines. These hardships are known as collateral consequences or “legal disabilities imposed by law as a result of a criminal conviction regardless of whether a convicted individual serves any time incarcerated” (Office of Justice Programs). This can include difficulty when applying for jobs, reduced eligibility for social benefits, and more.
To read more about collateral consequences, please visit this resource.
Additionally, do not submit to a plea bargain until the Commonwealth has shared their sentencing offer. If the sentence is lower than expected, perhaps due to a lack of evidence that supports guilt beyond a reasonable doubt, a defendant may prefer to contest the charges in court.
