More often than not, criminal cases are resolved when the defendant (the person accused of a crime) and the prosecution work out deal, called a "plea bargain" or "plea agreement." In a typical plea deal, the defendant agrees to plead guilty to the crime in exchange for some favorable treatment from the prosecution. Both sides usually get a benefit. For instance, the prosecution is guaranteed a conviction, and the defendant may get a lighter sentence than he'd probably receive if he went to trial and was convicted by a jury.
However, sometimes one side doesn't stick to the deal and breaks or "breaches" the agreement. And, there are usually consequences for the person who breaches a plea agreement or bargain.
It's a Contract
Think of a plea bargain as a contract - an agreement between two or persons in which each person gives something up in exchange for something in return. If you hire a contractor to put a roof on your house, for example, you agree to pay him money in exchange for the roof. The contractor agrees to give you his skill and labor in exchange for your money. When the job is done to your satisfaction and the contractor gets paid, everyone's happy and the contract or deal is completed.
A plea bargain is very much the same thing, just the give-and-take are different, and a lot more serious than a roof. For example, in a plea bargain:
- You may agree to plead guilty to a crime in exchange for the prosecution's promise to convince the judge to give you a certain sentence, like probation or 1 year in prison as opposed to the 3 years that you could get under the law
- You may agree to testify against another person accused of a crime in exchange for the prosecution's agreement not to bring you to trial
- You may agree not to commit another crime within a certain period of time in exchange for a guilty plea and a sentence of probation (this is common in plea agreements for first-time offenders accused of non-violent and less serious crimes, like theft or larceny)
- The prosecution may agree to drop charges against you for a serious crime in exchange for your agreements to plead guilty to a less serious crime and to testify against another person who's accused of a crime
- The prosecution may agree not to bring you to trial in federal court if you plead guilty to the crime in state court
Truly, the possibilities are endless. The facts and circumstances of each case, the defendant's past criminal record, and the evidence the prosecution has (or doesn't have) against the defendant are just some of the things that are looked at during plea negotiations.
Breach
A "breach" is one side to a contract doesn't do what he's supposed to do - the contractor doesn't finish your roof, or you don't pay the contractor when he's finished. Again, the same is true for a plea bargain. There's a breach when either the defendant or the prosecution doesn't hold up their end of the deal. There are countless examples or scenarios of how this may happen, but some examples include when:
- The prosecution doesn't recommend, at sentencing, that the judge give you the sentence or punishment that you agreed to in the plea bargain
- The prosecution doesn't live up to its promise not to charge you with a certain crime after you pleaded guilty to another crime
- You don't keep your promise to testify against another person or to cooperate fully with the prosecution's investigation of another crime
- You try to cancel or "withdraw" your guilty plea
- You commit another crime while on probation, which you got in exchange for your plea, or you were involved in disciplinary proceedings in prison, in violation of the terms of the plea agreement