40-c-1 Types of Plea Agreements

• Library: A Jailhouse Lawyer's Manual (2020 Edition)

40-C-1. Types of Plea Agreements

There are many different types of plea agreements you may be offered in the course of a negotiation. A prosecutor may allow you to plead to a lesser charge or drop certain charges in exchange for a guilty plea.⁵⁸ This type of agreement is sometimes called a "charge agreement." The prosecutor may offer to recommend a specific sentence or agree not to oppose your attorney's recommendation for a sentence. However, you should remember that the actual sentence imposed is up to the judge.⁵⁹ Even if the prosecutor offers to agree to a specific sentence if you plead guilty, the judge is not required to follow this agreement and may choose not to accept the sentence recommendation.⁶⁰

Another type of agreement the prosecutor may offer is a "cooperation agreement," in which you agree to cooperate with the government. For example, you could testify against another defendant in exchange for a reduced sentence or dropped charges. This type of plea bargain may require your cooperation for a long period of time, and your case may not be settled until you have completed your side of the agreement.

A "conditional plea" may allow you to enter a guilty plea without waiving the right to appeal certain pretrial motions.⁶¹ For example, if the court rules that certain essential evidence is admissible at trial, but you believe the appellate court may reverse that decision and rule that the evidence cannot be introduced, you can enter a conditional plea of guilty, which preserves your right to appeal...