Reaching a Plea Agreement

Prosecutors and defense attorneys typically discuss plea agreements through informal talks held outside the courtroom. For example, a defense attorney might call a prosecutor and propose a plea agreement, or a prosecutor might offer the attorney's client a certain deal. If the deal does not seem appropriate to either side, they may negotiate further until both sides are satisfied with the terms. Terms may include a reduction in the number of charges, severity of the charges, amount of time the defendant will spend in jail and whether the defendant will be eligible for other programs like drug treatment. If the prosecutor and defense attorneys cannot reach agreement, the case proceeds to trial.

The Agreement in Court

Even if both the prosecutor and defendant agree to the terms of a bargain, plea agreements are not final until a Tennessee judge accepts the defendant's plea and approves the terms. Judges can reject plea agreements if the terms appear unsatisfactory, such as if the plea agreement is clearly too harsh or too lenient given the circumstances of the case. The prosecution may have to explain to the judge why the terms are reasonable for the case. But if the judge ultimately rejects the bargain, the case typically proceeds to trial.

Considerations in Plea Agreements

Plea agreements can offer many advantages for Tennessee defendants, depending on the case, and these advantages become factors in the plea bargain process. For example, when the prosecutor has sufficient evidence available to prove the defendant is guilty, the defendant may want to accept a plea bargain to avoid the uncertainty of a trial and sentencing proceeding. A prosecutor might offer a better deal if he thinks he may struggle to prove his case at trial or the trial may be expensive because of the number of witnesses involved.

Attorneys Cannot Decide for Their Clients

Although defense attorneys help the plea bargain process by negotiating the best deal for their clients, they cannot make the decision for their clients. It is ultimately the defendant's choice whether to accept or reject the plea offer. Tennessee defense attorneys have a duty to inform their clients of plea offers, and attorneys must also inform their clients of the consequences of accepting an offer. If an attorney fails to properly advise his client of the plea agreement's consequences, the client may be able to get the plea bargain thrown out later.