On TV, almost every criminal case ends with a dramatic jury trial. Real life looks very different.
Most cases never reach a jury. Instead, they end with a quiet conversation between lawyers and a short hearing in front of a judge. That conversation is called plea bargaining, and the result is a plea deal.
If a prosecutor has offered you a deal, or you think one is coming, you probably have a lot of questions. Is it a good offer? Is it a conviction? Can the judge change it? This guide answers those questions in plain words, with a focus on how things work in California courts.
What Is a Plea Deal?
A plea deal (also called a plea bargain or plea agreement) is an agreement between you and the prosecutor. You agree to plead guilty or no contest. In return, the prosecutor gives you something, such as a lesser charge, fewer charges, or a lighter sentence.
California law gives a clear definition. Penal Code 1192.7(b) describes plea bargaining as any negotiation where the defendant agrees to plead guilty or no contest in exchange for a promise or benefit about the charges or the sentence.
Think of it like this: both sides give up something.
- You give up your right to a trial and the chance of being found not guilty.
- The prosecutor gives up the chance to win on every charge at trial.
- Both sides gain a known result instead of an unknown one.
How common are plea deals?
Very common. A Pew Research Center analysis found that in fiscal year 2018, 90% of federal criminal defendants pleaded guilty and only 2% went to trial. Pew also noted that state courts do not track this in one standard way, but in many state courts fewer than 3% of criminal cases went to a jury trial in 2017.
Types of Plea Deals
Not every plea deal looks the same. Most fall into one of these groups:
| Type | What it means | Simple example |
| Charge bargain | You plead to a less serious charge | A felony charge is reduced to a misdemeanor |
| Count bargain | Some charges are dropped if you plead to others | Charged with three counts, you plead to one and two are dismissed |
| Sentence bargain | You plead as charged, but the sentence is agreed ahead of time | Probation and classes instead of jail time |
| Mixed deal | A mix of the above | One count dropped, the other reduced, with a set sentence |
A common example in DUI cases is a “wet reckless,” where a DUI charge is resolved as reckless driving involving alcohol. Our guide on wet reckless driving charges explains how that works and why it is not always available.
You usually enter the deal by pleading guilty or no contest. A no contest plea means you do not admit guilt but accept the conviction.
How Plea Bargaining Works in California
Every case is different, but the process usually follows these steps.
1. The case is filed and you are arraigned
At your arraignment, the charges are read and you enter a plea, often “not guilty” at first. Sometimes an early offer is made at this stage.
2. Your lawyer reviews the evidence
Before talking numbers, a good defense lawyer looks at the police reports, videos, lab results, and witness statements. Weak spots in the prosecutor’s case can lead to a better offer. In some cases, they can lead to a dismissal instead.
3. Offers go back and forth
Negotiation often happens at pretrial hearings. The first offer is not always the last one.
4. You decide
The choice to accept or reject a deal is yours, not your lawyer’s. Your lawyer’s job is to explain the offer, the risks of trial, and the long-term effects.
5. The judge reviews the deal
A plea deal is not final just because you and the prosecutor agree. Under Penal Code 1192.5, the judge must:
- Tell you that the court’s approval is not binding and may be withdrawn later
- Make sure your plea is free and voluntary
- Make sure there is a factual basis for the plea
If the judge later withdraws approval, the same law says you must be allowed to take back your plea if you want to.
Limits on plea deals in serious cases
California does not allow plea bargaining in every case. Under Penal Code 1192.7(a)(2), once a formal felony charging document (called an “information” or “indictment”) is filed, plea bargaining is not allowed for:
- Any “serious felony” listed in the law
- Any felony where the person is accused of personally using a gun
- Any charge of driving under the influence of alcohol or drugs
There are three exceptions. A deal is still allowed if there is not enough evidence to prove the case, a key witness cannot be brought to court, or the change would not make a big difference to the sentence. This is one reason why the strength of the evidence matters so much in negotiations.
Pros and Cons of Taking a Plea Deal
A plea deal can be a smart move or a mistake. It depends on the facts of your case. Here is an honest look at both sides:
| Possible benefits | Possible downsides |
| A known result instead of the risk of trial | You give up the chance to be found not guilty |
| Often a lower charge or lighter sentence than you could face at trial | In most cases it still creates a conviction on your record |
| Your case may end much sooner | You give up trial rights, like cross-examining witnesses |
| Less time off work, less stress, fewer court dates | Appeals are more limited after a plea |
| Some charges may be dropped completely | Probation terms, fines, or classes may still apply |
Hidden effects to think about
The sentence is only part of the picture. Before you agree, ask how the plea could affect:
- Your job or license. Some convictions matter for professional licenses or certain jobs.
- Immigration status. If you are not a U.S. citizen, a plea can have serious immigration effects. California courts are required to warn you about this before accepting a plea, but you should get advice before that point.
- Gun rights. Some convictions can affect your right to own a firearm.
- Your future record. Many convictions can later be cleaned up through expungement in California, but not all.
Example: Two people accept the same misdemeanor deal. For one, it simply means probation and a fine. For the other, who holds a professional license, it could trigger a report to the licensing board. The same deal can mean very different things for different people.
Questions to Ask Before You Accept a Plea Deal
Never say yes just because you want the case to be over. Ask your lawyer these questions first:
- What exactly am I pleading to, and is it a felony or a misdemeanor?
- What sentence is agreed, and what could the judge still decide?
- What happens if I go to trial and lose? What is the realistic worst case?
- How strong is the evidence against me, really?
- Will this conviction affect my job, license, immigration status, or gun rights?
- Can this conviction be expunged later?
- Is there a chance of a better offer if we wait or file motions?
If your lawyer cannot give clear answers, that is a warning sign. It may be time for a second opinion.
Frequently Asked Questions About Plea Deals
Can a judge deny a plea deal?
Yes. The judge does not have to accept a deal just because both sides agree. Under Penal Code 1192.5, if the judge withdraws approval, you must be allowed to withdraw your plea if you choose.
Do you go to jail right after a plea deal?
It depends on the deal. Some deals include no jail at all. Others include jail time that may start right away or on a later date the judge sets. Ask your lawyer exactly when any custody time would begin before you accept.
How long after a plea deal is sentencing?
In many misdemeanor cases, sentencing can happen the same day as the plea. In felony cases, the judge may first order a report from the probation department, which can push sentencing to a later date.
Can you appeal a plea deal?
It is harder than appealing after a trial. Under Penal Code 1237.5, to challenge a guilty or no contest plea on appeal, you generally need a “certificate of probable cause” from the trial court. Some issues, like certain sentencing or search and seizure issues, follow different rules.
Can you take back a plea after accepting a deal?
Sometimes. Under Penal Code 1018, a judge may let you withdraw a guilty or no contest plea for “good cause,” such as a real mistake or misunderstanding. The request must usually be made before judgment, or within six months after probation is granted in certain cases. It is not automatic.
What happens if you don’t accept a plea deal?
Your case keeps moving toward trial, and you keep your right to have a judge or jury decide it. The prosecutor may make a new offer later, keep the same one, or make no more offers. An offer you turn down may not come back.
Does a prosecutor have to offer a plea deal?
No. There is no legal right to a plea offer. Prosecutors decide whether to offer a deal and what terms to include. Not everyone gets one, and some serious cases have limits on plea bargaining under Penal Code 1192.7.
Got a Plea Offer in Bakersfield? Get a Second Look First
A plea deal is one of the biggest choices you will make in your case. Once the judge accepts it, undoing it is hard. That is why it pays to understand every word before you agree.
At the Law Office of David L. Faulkner, we review the evidence, push back on weak charges, and negotiate for the best possible result. Sometimes that means a better deal. Sometimes it means no deal at all. Whether you are facing a DUI, a theft charge, or a drug case, we will give you an honest view of your options.
Call (661) 324-4777 for a free, confidential consultation or contact us online before you sign anything.
