Britannica Sources used in this answer

Why might private defense attorneys prefer resolving some cases through plea bargains?

Created from Britannica articles using AI. AI can make mistakes, so verify using Britannica articles.

Salem witch trial — Plea bargaining A scene of the trials in Salem Village, Massachusetts Bay Colony, hand-colored engraving.

Private defense attorneys may prefer resolving cases through plea bargains primarily to increase their efficiency and profitability. Because plea-bargained cases require less time to resolve than full trials, attorneys can manage their caseloads more effectively and generate higher earnings.1

Beyond financial considerations, plea bargaining serves as a strategic tool for defense counsel. By negotiating, attorneys can secure charge reductions for their clients, especially when the prosecution's case is based on arguably unmerited charges. Furthermore, defense attorneys can leverage the threat of filing numerous pretrial motions or presenting an exceptionally zealous defense to encourage prosecutors to cooperate and offer more favorable terms. Ultimately, plea bargaining also eliminates the risk of a complete loss at trial, providing a more predictable outcome for the defendant.1