Plea Negotiations

In misdemeanor cases, after arraignment the case is sent to a pre-trial part. The assigned assistant district attorney will evaluate the strength of the case and make an offer to the defendant. Judges assigned to these parts will usually adjourn cases once or twice to allow the prosecution and defense to negotiate a possible disposition. 

In felony cases, the same type of negotiation occurs. The grand jury action is usually held in abeyance until negotiations are concluded.

If a negotiated plea is made, there will be no trial. The defendant will be advised that he is waiving many important constitutional rights in return for the negotiated settlement. A defendant does not have a right to a plea bargain and the judge is not obliged to accept the negotiated settlement. 

In practice, however, the overwhelming majority of cases are plea-bargained. The large quantity of cases prevents a DA’s office from taking every case to trial. For a defendant, accepting a negotiated settlement requires a careful evaluation of the facts of the case and a full understanding of the consequences of the plea.