Plea Bargaining Secrets: Why Most Cases Never Go Trial

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Video Transcript

More than 90% of criminal cases in the U.S. end in plea bargains rather than trials. Prosecutors and defense attorneys often negotiate charges and sentencing ranges based on evidence strength, legal leverage, and the risks of going to court. This article explains how plea deals are made, why defendants accept them, key negotiation tactics, and the rights you keep—or waive—by pleading guilty.

Ray Hrdlicka – Host – Attorneys.Media

“So, let me ask this question. Does plea bargaining happen on every single case?”

Spencer Freeman – Criminal Defense Attorney – Pierce County, WA

“No.”

Ray Hrdlicka – Host – Attorneys.Media

“How come?”

Spencer Freeman – Criminal Defense Attorney – Pierce County, WA

“Well, some cases….let me say this. I think on every single case, negotiation occurs with the hope of being able to reach some sort of deal. I guess it’s not true on every single case…I mean I’ve definitely handled cases that from the very minute that we started working the case we knew this was going to go to trial. Because there was no deal that could be done. Or if you’re a criminal defendant, and you absolutely know you’re not guilty of any criminal charges, then your likely going to want to go to trial. But even in those scenarios, sometimes the prosecutor is going to offer something that is acceptable enough to avoid the risks of trial.”