Criminal procedure
Plea Agreement
A plea agreement is a written deal in which the defendant pleads guilty in exchange for concessions from the prosecutor, such as dropped counts or a sentencing recommendation.
Most federal convictions come from one. Typical terms include pleading to fewer counts, an agreed guideline calculation, a recommendation for acceptance of responsibility, and often a waiver of the right to appeal the sentence.
The judge is not a party to it. Under the most common structure the court may reject the recommendation and sentence differently without letting the defendant withdraw the plea, which is why the plea colloquy asks the defendant to confirm they understand that.
Read the whole document, not the headline. Cooperation provisions, forfeiture and restitution terms, agreed guideline calculations, and the scope of the appeal waiver often matter more to the outcome than which count the defendant is pleading to.
How it appears on a docket
PLEA AGREEMENT as to Priya N. Shah (2) filed. Defendant to plead guilty to Count 1; the government agrees to dismiss Counts 2 through 9 at sentencing.
Governing rule
Fed. R. Crim. P. 11(c)
Related terms
- Change of Plea Hearing — A change of plea hearing is the proceeding where a defendant who pleaded not guilty formally pleads guilty on the record.
- Appeal Waiver — An appeal waiver is a clause in a plea agreement in which the defendant gives up the right to appeal the conviction or sentence.
More on criminal procedure
See this term in a real case
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