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:
- Charge bargaining
– Agree to plead guilty to a less serious offense - Sentence bargaining
– Pleading guilty in exchange to a lesser sentence - 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