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Different ways that a plea deal may be negotiated

When a Tennessee resident is charged with a crime they may be asked to enter a plea regarding the charges. For example, they may plead not guilty and claim that they are innocent of the charges. They may also plead guilty and accept what is said about their conduct as true. They may also attempt to negotiate a better position for themselves in exchange for entering a plea that the prosecutor accepts as sufficient.

This is known as a "plea negotiation" or coming to a plea deal. A person and their attorney may work with prosecutors to lessen the severity of the charged crimes or possible punishments in exchange for the individual pleading guilty on the modified claims.

There are three ways that a person may negotiate a plea deal. The first is based on the change or reduction in charges alleged against a criminal defendant in exchange for their guilty plea. This is often called charge bargaining.

A criminal defendant can also negotiate their sentence. They may be able to get a prosecutor to offer them a lighter sentence if they plead guilty to their charges. This form of negotiation is often called sentence bargaining.

The third form of negotiations that a criminal defendant may undertake involves the stipulation of certain facts from the charges alleged by prosecutors. A criminal defendant may fact bargain and admit certain facts claimed by the prosecutor as true if the prosecutor agrees to leave out other facts from the case.

There are many ways that a person may create a plea negotiation. With the help of an attorney they may be able to significantly reduce the penalties when they are convicted of serious criminal allegations.

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Mathis, Bates & Klinghard PLLC
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Clarksville, TN 37040

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