Insight

The Impact of Plea Bargains in Criminal Cases in the U.S.

Best Lawyers highlights why plea bargains have risen to such prevalence, quickly becoming an essential part of the criminal justice system in the U.S.

Client and attorney stand before judge in a courtroom
Best Lawyers

Best Lawyers

June 6, 2023 01:22 PM

In its simplest form, a plea bargain is when both parties involved, the prosecution and the defense, manage to come to an agreement that allows the accused to plead guilty, in turn receiving a smaller criminal charge or a reduced sentence in exchange for avoiding a trial. In recent years, plea bargains have slowly but surely become an essential part of the criminal justice system in the U.S.

Although this may quickly expedite an otherwise burdensome legal process, plea bargains also raise concerns about fairness, transparency and legal consequences left unattended. In this article, we’ll explore the impact of plea bargains on the U.S. legal and criminal justice system, offering some key insights as to why it has become the default solution.

What Are the Pros and Cons of Plea Bargaining?

As is the case with any other legal practice, there are several pros and cons to plea bargaining. The main pro comes in the form of efficiency since the primary goal of a plea bargain is to save both time and money by avoiding a trial. Additionally, plea bargains can quickly provide closure for both the victims and their families, but sometimes this comes at a cost. The cons include that it can often result in a miscarriage of justice, leading to innocent individuals pleading guilty to crimes they didn’t commit, undermining the public’s trust in the judicial system.

Do Most Criminal Cases End in Plea Bargains?

Believe it or not, a vast majority of criminal cases in the U.S. result in plea bargains. According to a recent report by the American Bar Association, in any given year, roughly 98% of cases in the U.S. federal courts system are resolved via plea bargains. Plea bargaining is often seen as a cost-effective and efficient way of resolving criminal issues. Lawmakers and legal critics alike argue that plea bargaining can lead to many disparities in criminal sentencing. Despite these overarching concerns and legal drawbacks, plea bargaining remains a prevalent practice in the U.S. judicial system.

Why Are Plea Bargains Such a Large Part of the Criminal Justice System?

Plea bargains remain a large part of the criminal justice system for several reasons. As such a common occurrence, plea bargains provide benefits for all parties involved. As previously stated, plea bargains offer the prosecution an easy way of securing a conviction without the hassle of wasted time, legal expenses and the uncertainty of bringing a case to trial. Due to this, plea bargains are used to significantly reduce the backlog of criminal cases brought before the courts. As debate within the legal community over its use continues, the U.S. government must work towards a system that promotes fairness and is just and equitable for all parties involved.

If you need legal guidance on criminal charges or plea negotiations, use the Best Lawyers Find a Lawyer tool to connect with qualified criminal defense lawyers in your area.

Headline Image: Adobe Stock/Gorodenkoff

Related Articles

IN PARTNERSHIP

Breaking Down Criminal Conviction in Canada


by Mass Tsang

Statistics Canada’s annual breakdown of adult criminal court data provides an eye-opening review of how the country’s court system resolves its hundreds of thousands of cases annually.

Silhouettes of Officer walking with two men on a strip of concert

IN PARTNERSHIP

A Beacon of Excellence in Criminal Defense


by Nicole Deborde Hochglaube

Nicole Hochglaube has built her firm and practice on fierce advocacy for her clients, and her excellence and work in Texas are highlighted through her awards and success.

People in business suits standing in a line clapping

IN PARTNERSHIP

Don’t Cross the Line


by John R. Mitchell and Mira Aftim

Settlement negotiations tend to instigate the most zealous advocacy among attorneys. But how far is “too far?”, and when can settlement demands turn into extortion?

Nike check over image of man in suit with court document in background

IN PARTNERSHIP

Get a Lawyer


by Anne M. Collart and Ricardo Solano Jr.

When a subpoena arrives, having counsel can save time and money and also protect your rights.

Woman with glasses reading a document

IN PARTNERSHIP

Why Refusing a Blood Alcohol Test Might Be Safest


by Charles E. Tiernan III

A seasoned criminal defense and OUI lawyer explains why refusing to take a blood alcohol test after an OUI arrest may be the safest option for the arrestee.

Gloved hand holding vial of blood for alcohol test

IN PARTNERSHIP

The Current Situation for Asylum Seekers in the U.S.


by Allison Lukanich and Murali Bashyam

The U.S. asylum system has a staggering over 1.3 million cases pending before immigration courts and the government must distribute more resources to aid this watershed and resolve asylum claims faster.

Shadow of person standing by broken chain link fence

IN PARTNERSHIP

The Law Offices of Joseph A. Simon: A Criminal Defense Law Firm


by Joseph A. Simon

The Law Offices of Joseph A. Simon is an Ann Arbor-based firm that specializes in Criminal Defense. Over his 37-year career, Joseph A. Simon has defended thousands of cases.

A Lady in a Suit Taking Notes Across from a Man in an Orange Jumpsuit at a Table

IN PARTNERSHIP

Fighting Government Overreach


by John Fields

Criminal defense lawyer Dan Cogdell reflects on the Waco siege trial—a pivotal moment in his career now being revisited in a new Showtime miniseries.

Man in black suit poses for lawyer headshot

The Role of a Criminal Defense Investigator


by Best Lawyers

The role of a criminal defense investigator in a case is often overshadowed by the more prominent figures in the legal field. Let's look more closely.

Woman with hands on head stares at board of images

8 Different Types of Criminal Defenses in Law


by Best Lawyers

Learn about the different types of criminal defenses available in law, including innocence, self-defense, insanity and more. Protect your rights today.

Silver handcuffs laying on finger printed papers

Understanding the Affirmative Defense of Duress in Arizona


by Craig Orent

How states determine the use of this specific criminal defense.

Man frustrated holds his head in defeat near a cityscape with a grey and white filter

Defense for Everyone


by Hochglaube & DeBorde

Hochglaube & DeBorde shares their thoughts on the question asked of criminal defense lawyers: How do you defend those people?

Courtroom Drawing with Warm Tones

Unenforceable HOA Rules: What Homeowners Can Do About Illegal HOA Actions


by Bryan Driscoll

Not every HOA rule is legal. Learn how to recognize and fight unenforceable HOA rules that overstep the law.

Wooden model houses connected together representing homeowners associations

What Is the Difference Between a Will and a Living Trust?


by Bryan Driscoll

A practical guide to wills, living trusts and how to choose the right plan for your estate.

Organized folders labeled “Wills” and “Trusts” representing estate planning documents

Do You Need a Real Estate Attorney to Refinance?


by Bryan Driscoll

When and why to hire a real estate attorney for refinancing.

A couple sitting with a real estate attorney reviewing documents for refinancing their mortgage

How to Get a Power of Attorney


by Bryan Driscoll

Learn the steps to set up a power of attorney, the risks of DIY forms and how to choose the right person to act on your behalf.

A couple discussing power of attorney paperwork with a lawyer

Trending Articles

2026 Best Lawyers Awards: Recognizing Legal Talent Across the United States


by Jamilla Tabbara

The 2026 editions highlight the top 5% of U.S. attorneys, showcase emerging practice areas and reveal trends shaping the nation’s legal profession.

Map of the United States represented in The Best Lawyers in America 2026 awards

Gun Rights for Convicted Felons? The DOJ Says It's Time.


by Bryan Driscoll

It's more than an administrative reopening of a long-dormant issue; it's a test of how the law reconciles the right to bear arms with protecting the public.

Firearms application behind jail bars

2026 Best Lawyers Awards in Canada: Marking 20 Years of Excellence


by Jamilla Tabbara

Honoring Canada’s most respected lawyers and spotlighting the next generation shaping the future of law.

Shining Canadian map marking the 2026 Best Lawyers awards coverage

Revealing the 2026 Best Lawyers Awards in Germany, France, Switzerland and Austria


by Jamilla Tabbara

These honors underscore the reach of the Best Lawyers network and its focus on top legal talent.

map of Germany, France, Switzerland and Austria

Best Lawyers 2026: Discover the Honorees in Brazil, Mexico, Portugal, South Africa and Spain


by Jamilla Tabbara

A growing international network of recognized legal professionals.

Map highlighting the 2026 Best Lawyers honorees across Brazil, Mexico, Portugal, South Africa and Sp

How to Sue for Defamation: Costs, Process and What to Expect


by Bryan Driscoll

Learn the legal standards, costs and steps involved when you sue for defamation, including the difference between libel and slander.

Group of people holding papers with speech bubbles above them

Build Your Legal Practice with Effective Online Networking


by Jamilla Tabbara

How thoughtful online networking supports sustained legal practice growth.

Abstract web of connected figures symbolizing online networking among legal professionals

Algorithmic Exclusion


by Bryan Driscoll

The Workday lawsuit and the future of AI in hiring.

Workday Lawsuit and the Future of AI in Hiring headline

Blogging for Law Firms: Turning Content into Client Connections


by Jamilla Tabbara

How law firms use blogs to earn trust and win clients.

Lawyer typing blog content on laptop in office

Reddit’s Lawsuit Could Change How Much AI Knows About You


by Justin Smulison

Big AI is battling for its future—your data’s at stake.

Reddit Anthropic Lawsuit headline

How to Choose a Good Lawyer: Tips, Traits and Questions to Ask


by Laurie Villanueva

A Practical Guide for Your First-Time Hiring a Lawyer

Three professional lawyers walking together and discussing work

The 2026 Best Lawyers Awards in Chile, Colombia and Puerto Rico


by Jamilla Tabbara

The region’s most highly regarded lawyers.

Map highlighting Chile, Colombia and Puerto Rico for the 2026 Best Lawyers Awards

Common-Law Marriage in Indiana: Are You Legally Protected?


by Laurie Villanueva

Understanding cohabitation rights and common-law marriage recognition in Indiana.

Married Indiana couple in their home

Why Jack Dorsey and Elon Musk Want to 'Delete All IP Law'


by Bryan Driscoll

This Isn’t Just a Debate Over How to Pay Creators. It’s a Direct Challenge to Legal Infrastructure.

Elon Musk and Jack Dorsey standing together Infront of the X logo

AI Tools for Lawyers: How Smithy AI Solves Key Challenges


by Jamilla Tabbara

Understand the features and benefits within the Best Lawyers Digital Marketing Platform.

Legal professional editing profile content with Smithy AI

Alimony Explained: Who Qualifies, How It Works and What to Expect


by Bryan Driscoll

A practical guide to understanding alimony, from eligibility to enforcement, for anyone navigating divorce

two figures standing on stacks of coins

This article is a part of the Best Lawyers Criminal Law Legal Guide. Read thought leadership from recognized lawyers and navigate a list of all honorees in the associated practice areas.

Explore the Legal Guide