A plea bargain is a negotiation in which a lawyer bargains for a less severe sentence if his client admits guilt or no contest. A plea bargain negotiation means that the attorney must have knowledge of the existence or possible existence of the evidence along with lesser included offenses and sentencing restrictions and guidelines. A plea bargain is usually negotiated and made by telephone in the prosecutor's office in the courtroom.

Once the prosecuting attorney offers the plea bargain in court, he may not coerce the plea bargain to be accepted; though it must be accepted by the jury to be held official. Once the court has decided, the defendant must be present when the negotiations have been decided and the plea bargain is accepted officially in court. A plea bargain will be considered by the court if there are three components:

1. A waiver of rights
2. A waiver that is voluntarily given; and
3. Factual evidence to support the plea of guilty in the case

The benefit of a plea bargain for the defendant includes a dismissal of some of the penalties, or the willingness of the prosecutor (who in most cases represents society) to name a less severe charge. Sometimes, the defendant must reveal other information such as other crimes committed, names of those involved in certain crimes, or the location of certain commodities stolen. There are a number of reasons why someone would propose a plea bargain:

• Avoid numerous trials;
• To cut down a long sentence if it seems as if the defendant will be convicted after the trial; or to
• Inform others of the other criminal activity the defendant was involved in

If a plea bargain is decided as the best course of action, then it will be said officially in the court of law in front of the recorder to which the judge must also then agree. A plea bargain is often good for society since it helps to lessen crowding among prisons. Prosecutors are also not detained by one case for a long time if a plea bargain is brokered. Yet, some people also argue that a plea bargain takes away the defendant's right to a trial by jury. There are others who do not hold this opinion and believe that it is important to note that the trial is always feasible when negations are taking place or before the revised sentencing is accepted.

Sometimes plea bargains may not necessarily be the best choice for the defendant; if the defendant is not guilty they may feel pressured to take the revised sentencing since it would get them a much shorter penalty should they be convicted in the trial. Also, criminals who are dangerous may get lenient sentencing from the information provided by the defendant which would then let them out of prison sooner. On the opposing end of the law, it has also been cited that sometimes when a plea bargain is accepted that officials and lawyers do not do their work properly.

Certain statutes, depending upon the case, expressly exclude the action of a plea bargain. In 1975, an Alaskan judge banned plea bargaining in its courts, surprising many when the courts and jail system did not overcrowd. While federal courts may accept plea bargains, they have very restrictive rules under the United States Sentencing Guidelines. The plea bargaining practice is not noted in any state statutes, since it is alleged that it is a legal invention. When plea bargaining is mentioned in the law it is usually to stipulate the type of cases or exclusion of cases that it is not allowed to be brokered in. Plea bargaining has been used to better society in many ways, however, each case is unique and will be left to the legal representation and defendant's decision.