Plea Bargains in Maryland: Pros and Cons for Criminal Defendants

When facing criminal charges in Maryland, one of the most important decisions a defendant may make is whether or not to accept a plea bargain. A plea bargain is an agreement between the defendant and the prosecution in which the defendant agrees to plead guilty or no contest to a charge in exchange for a reduced sentence or lesser charges. 

While plea bargains are a common and often a strategic part of the criminal justice process, they carry both advantages and potential risks. Understanding the pros and cons of a plea deal in Maryland can help defendants make informed choices. 

What is a plea bargain?

 

In Maryland, plea bargains are governed by Maryland Rule 4-243. The agreement must be disclosed to the court, and the judge must ensure that the plea is entered knowingly, voluntarily, and intelligently

There are typically three types of plea bargains: 

  1. Charge bargaining
    – Agree to plead guilty to a less serious offense
  2. Sentence bargaining
    – Pleading guilty in exchange to a lesser sentence
  3. Fact bargaining (least common)
    – Agreeing to certain facts to prevent others from being introduced at trial.

Pros to accepting a plea bargain

  • Reduced charges or sentencing
  • Certainty and predictability 
  • Faster resolution 

Cons to a accepting a plea bargain

  • Giving up the right to a trial 
  • Pressure to plead guilty
  • Limited appeals rights 

By: Kaitlyn Bucci and James Psoras

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By: James Psoras and Kaitlyn Bucci

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