How Plea Bargains Work in Pennsylvania Criminal Cases

While plea deals may sound straightforward, they can carry serious consequences and must be evaluated carefully. A skilled criminal defense attorney can help you understand whether a plea deal is in your best interest—and negotiate for the best possible terms.

Here’s how plea bargaining works in Pennsylvania criminal cases and why it’s often a key turning point in your defense.

What Is a Plea Bargain?

A plea bargain is an agreement where the defendant pleads guilty (or no contest) to one or more charges in exchange for some form of benefit, such as:

• A reduction in charges (e.g., felony to misdemeanor)

• A lighter sentence (e.g., probation instead of jail)

• Dismissal of other charges

• Avoidance of mandatory minimum sentences

• Entry into a diversion program, like ARD (for eligible cases)

Plea bargains must be approved by the judge, who will make sure the agreement is fair and that the defendant is entering the plea knowingly and voluntarily.

When Do Plea Bargains Happen?

Plea deals can occur at any stage of a criminal case, including:

• Before the preliminary hearing

• After pretrial motions (such as motions to suppress evidence)

• On the eve of trial

• During trial (in rare cases)

• As part of sentence negotiations after a guilty verdict

The earlier your attorney can start negotiating with the District Attorney’s Office, the more flexibility there may be in reaching a favorable deal.

Types of Plea Bargains

There are several forms of plea deals in Pennsylvania:

🔹 Charge Bargaining

You plead guilty to a less serious charge than the original one.
Example: Felony assault reduced to misdemeanor simple assault.

🔹 Sentence Bargaining

You plead guilty in exchange for an agreed-upon sentence.
Example: Pleading to DUI in exchange for probation instead of jail.

🔹 Count Bargaining

You plead to one charge in exchange for dismissal of other charges.
Example: One theft count in exchange for dropping related conspiracy charges.

🔹 Program Bargaining

You plead to enter a diversion program like ARD or drug court.
Successful completion may lead to dismissal or expungement.

Why Would You Accept a Plea Bargain?

There are many reasons to consider a plea:

✅ Avoid the risk of a harsher sentence at trial
✅ Minimize public exposure or long-term consequences
✅ Resolve the case quickly and privately
✅ Gain access to alternative sentencing options
✅ Protect your job, license, or immigration status

But it’s not always the right choice—and should never be accepted without reviewing the full implications.

Why You Need a Lawyer for Plea Negotiations

An experienced criminal defense attorney can:

✅ Evaluate whether the evidence supports your guilt
✅ Identify weaknesses in the prosecution’s case
✅ Leverage your background and circumstances to negotiate
✅ Fight for dismissal if your rights were violated
✅ Ensure that any plea you accept is truly in your best interest

Some prosecutors offer standard plea deals, but others will only negotiate when challenged with legal motions or trial preparation.

Risks of Accepting a Plea Without Understanding the Consequences

Pleading guilty can still carry serious outcomes, including:

• Permanent criminal record

• Jail time or extended probation

• Loss of gun rights or driving privileges

• Immigration consequences (for non-citizens)

• Difficulty expunging the charge later

Your attorney will help you weigh the pros and cons of any offer and explore whether fighting the case is a better option.

📞 Contact Mark D. Hauser, Criminal Defense Attorney, Today

If you’re facing criminal charges in Pennsylvania, don’t accept a plea deal without legal advice. With over 30 years of courtroom experience in Philadelphia and beyond, Mark D. Hauser can negotiate from a position of strength, protect your rights, and help you make the best decision for your future.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.