How does sentence bargaining work in a criminal case?

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Sentence bargaining is a form of plea bargaining in which a defendant receives assurances of a lighter or alternative sentence in exchange for pleading guilty.1

This process functions as a negotiation between the prosecution and the defense to reach a mutually acceptable outcome, effectively removing the uncertainty of a trial. Common examples include:12

  • Avoiding harsher penalties: Defendants may plead guilty to a charge specifically to avoid more severe consequences, such as the death penalty.1
  • Time served: In less-serious cases, a defendant might agree to a plea in exchange for a sentence of "time served," which generally results in their immediate release from custody.1

While these agreements must be approved by a judge, the practice allows the parties to share the responsibility for sentencing and provides defendants with more certainty regarding their legal outcome. By avoiding the time and expense of a trial, sentence bargaining serves as a primary tool for managing court resources and caseloads.21