Accepting a plea deal means giving up your right to a trial in exchange for a reduced charge or a lighter sentence. The right deal can protect your record and your freedom, while the wrong one can follow you for years.
California law controls how plea bargains are made, approved, and withdrawn, and some serious charges limit what prosecutors can offer. Non-citizens also face immigration risks that a judge must warn about before accepting a plea.
At William S Kroger Criminal Defense Attorney At Law, we have negotiated plea agreements in thousands of cases across Los Angeles County. Our Los Angeles criminal defense attorneys know when an offer deserves a yes, when it deserves a counteroffer, and when a case belongs in front of a jury. Contact our law firm in Los Angeles to schedule a free consultation.
Here is how plea deals work in California, which offers to watch for, and how we help you decide with confidence.
What Is a Plea Deal in a California Criminal Case?
A plea deal is an agreement in which you plead guilty or no contest in exchange for something from the prosecution. That something is usually a less serious charge, fewer counts, or a lighter sentence.
California defines plea bargaining broadly. Under California Penal Code section 1192.7(b), it covers any negotiation between the defense and a prosecutor or judge where the defendant agrees to plead guilty or no contest. In return, the defendant receives promises or concessions about the charges or the sentence.
You will also hear this called a plea bargain or a plea agreement. The terms mean the same thing. What matters is the substance of the offer and what it costs you over the long term.
How Plea Deals Work in Los Angeles County Courts
Offers can come up at almost any stage of a case. The first one often appears at or shortly after the arraignment, the first court hearing where you are formally charged and enter a plea. Negotiations then continue through pretrial conferences, and some deals are reached on the eve of trial.
Your defense attorney negotiates with the prosecutor assigned to your case. In Los Angeles County, the District Attorney’s Office prosecutes felonies, while many misdemeanors inside city limits are handled by the City Attorney. Judges sometimes participate as well and may indicate the sentence they would impose if you plead.
The Court Must Approve the Deal
A plea deal is not final just because the prosecutor and the defense agree. Under Penal Code section 1192.5, when a plea specifies the sentence, the judge must tell you that court approval is not binding. The judge may withdraw that approval at the sentencing hearing.
If that happens, you have the right to withdraw your plea. A withdrawn plea cannot be used as evidence against you in any later criminal or civil proceeding.
The Pleas You Can Enter
Penal Code section 1016 lists the pleas available in California. The most common are guilty, not guilty, and nolo contendere, which is Latin for “I do not wish to contend.” A no contest plea requires the court’s consent.
With a no contest plea, you accept the conviction without admitting guilt. For a felony, the law treats it the same as a guilty plea for all purposes. For a misdemeanor or infraction, the plea cannot be used against you as an admission in a related civil lawsuit, which can matter after a car crash or a dispute with property damage.
Common Types of Plea Bargains
Most offers we see in Los Angeles County courts fall into one of the following categories:
- Charge bargaining: Pleading to a less serious offense than the one originally filed
- Count bargaining: Pleading to one or two counts while the prosecution dismisses the rest
- Sentence bargaining: Pleading as charged in exchange for an agreed sentence, such as probation instead of county jail
- Felony reduction: Resolving a wobbler, an offense that can be charged as a felony or a misdemeanor, as a misdemeanor
- Allegation bargaining: Dismissing sentencing enhancements or prior-strike allegations that would increase your exposure
The right structure depends on your charges, your record, and what the evidence can actually prove.
Here is how that can look in practice. Someone charged with felony grand theft might accept a plea to misdemeanor petty theft with informal probation. That outcome avoids a felony conviction and may keep the door open to clearing the record later.
Why Most Criminal Cases End in a Plea Agreement
Plea deals resolve the vast majority of criminal cases in the United States. In Missouri v. Frye, the U.S. Supreme Court noted that roughly 97% of federal convictions and 94% of state convictions come from guilty pleas.
Federal data tells the same story. Pew Research Center found that in fiscal year 2018, about 90% of federal defendants pleaded guilty, while only about 2% went to trial.
Those numbers reflect pressure on both sides. You may want certainty and a faster resolution, while prosecutors need to manage heavy caseloads. Because negotiation is expected, a first offer is often not the best offer a well-prepared defense can obtain.
When California Law Limits Plea Bargaining
California restricts plea bargaining in certain serious cases. Under Penal Code section 1192.7(a), plea bargaining is barred once an indictment or information charges a serious felony, a felony involving personal use of a firearm, or certain driving under the influence (DUI) offenses.
The statute allows exceptions when the evidence is insufficient to prove the case, when a material witness cannot be obtained, or when the reduction would not substantially change the sentence. For violent sex offenses, the prosecutor must state on the record why a harsher sentencing law was not used.
These rules narrow the window for negotiation, especially after the formal charging document is filed. Getting a defense attorney involved early gives you the best chance to shape the charges before those limits take hold.
How to Evaluate a Plea Offer Before You Accept It
Before you sign anything, our team works through several key questions with you:
- How strong is the evidence? We review police reports, video, lab results, and witness statements to see what the prosecution can actually prove.
- Are there motions that could change the case? An illegal search, a flawed lineup, or a statement taken without proper warnings can lead to suppressed evidence and a better offer.
- What is your real exposure at trial? We compare the offer to the realistic sentence range if you were convicted on every count and enhancement.
- Does the plea count as a strike? A serious or violent felony conviction can double a future sentence under California’s Three Strikes law.
- What are the collateral consequences? A conviction can affect your immigration status, professional license, firearm rights, and job prospects.
- Can the conviction be cleared later? Some pleas leave you eligible for record relief, while others close that door.
The answers usually make it clear whether to accept the deal, push for better terms, or prepare for trial.
Immigration Consequences for Non-Citizens
A plea that looks minor can carry severe immigration consequences. Under Penal Code section 1016.5, the court must warn non-citizens before accepting a guilty or no contest plea that the conviction may lead to deportation, exclusion from admission, or denial of naturalization.
If the court fails to give that advisement and the conviction carries those consequences, the law allows you to ask the court to vacate the judgment and withdraw the plea. We serve Spanish-speaking clients and bring in interpreters when needed, so you understand every term before you agree to it.
Plea Deals for First-Time Offenders
Prosecutors often extend more favorable terms to people with no prior record. Plea deals for first-time offenders may include reduced charges, informal probation, or a path to diversion instead of a conviction.
California’s Penal Code section 1001.95 lets judges grant diversion for many misdemeanors, with the charges dismissed after you complete the program. For those who do take a conviction, Penal Code section 1203.4 may allow an expungement once probation is complete.
Our attorneys factor that future relief into every negotiation, so the deal you accept today does not block your options tomorrow.
Can You Withdraw a Plea Deal?
Withdrawing a plea is possible, but the window is limited. Under Penal Code section 1018, you can ask to withdraw a guilty plea before judgment is entered. If the court suspended judgment and granted probation, you have six months from that order to ask.
The court will only allow withdrawal for good cause. Courts have found good cause where a defendant entered the plea through mistake, misunderstanding, or pressure that overcame free judgment.
Separately, you can withdraw a plea if the judge backs out of an agreed sentence under section 1192.5. After these windows close, your options become much narrower, so timing matters.
How Our Team Negotiates Stronger Plea Deals
Leverage at the negotiating table comes from trial readiness. We obtain discovery, review body camera and surveillance footage, consult experts, and file motions that test the prosecution’s case. Prosecutors make better offers when they know the defense is prepared to try the case.
That preparation has produced results. William S Kroger Criminal Defense Attorney At Law secured a not guilty verdict for a client accused in a case involving 220 kilos of cocaine. We have also obtained dismissals in serious felony matters where the evidence could not hold up.
Our defense team brings more than 75 years of combined criminal defense experience and has handled over 10,000 cases throughout California. We explain each stage of your case in plain terms, so you always know what an offer means before you decide.
Frequently Asked Questions
Here are answers to common questions about plea deals in California criminal courts.
Is a no contest plea the same as a guilty plea in California?
For a felony, yes, a no contest plea has the same legal effect as a guilty plea. For a misdemeanor, it cannot be used as an admission against you in a related civil lawsuit.
Does my lawyer have to tell me about every plea offer?
Yes. The U.S. Supreme Court held in Missouri v. Frye that defense counsel generally must communicate formal plea offers from the prosecution to the client.
Can I accept a plea deal at my arraignment?
Yes, some cases resolve at arraignment, especially misdemeanors. We usually recommend reviewing the evidence first, because early offers are not always the best ones available.
Will a plea deal stay on my criminal record?
A plea results in a conviction that appears on your criminal record. Depending on the offense and your sentence, you may later qualify for expungement or a felony reduction.
Can a judge in Los Angeles County reject a plea agreement?
Yes. Judges must approve every plea deal, and if a judge withdraws approval of an agreed sentence, you can withdraw your plea.
Talk to a Lawyer About Your Plea Deal Before You Sign
Once the court enters judgment, your ability to withdraw a plea under Penal Code section 1018 shrinks fast. That is why the time to question an offer is before you accept it, not after.
Attorney William S. Kroger and our team have spent decades negotiating plea agreements and trying cases in courts across Los Angeles. Our firm has been recognized by Super Lawyers and the American Institute of Criminal Defense Attorneys. We review your evidence, compare the offer to your real trial exposure, and tell you plainly whether the deal makes sense.
Whether the offer covers a misdemeanor at arraignment or a felony with strike consequences, we evaluate it the way a jury would. If the deal is fair, we say so. If it is not, we push back or prepare your case for trial.
You do not have to make this decision with only the prosecutor’s version of the case. Call us at (323) 655-5700 or contact our office to schedule a free case evaluation.