How does plea bargaining work in Arizona?

1. Constitutional Framework

The Sixth Amendment guarantees effective counsel during plea negotiations (Lafler v. Cooper; Missouri v. Frye), and a plea must be knowing, voluntary, and intelligent (Boykin v. Alabama).

2. Types of Pleas

Arizona recognizes guilty, no contest (with court approval; Rule 17.1(b)), and Alford pleas (State v. Mendiola).

3. Charge vs Sentence Bargaining

Both are heavily used. Charge bargaining frequently involves dropping the dangerousness allegation (which triggers mandatory prison under A.R.S. § 13-704); sentence bargaining includes stipulated ranges and probation eligibility.

4. Judicial Role

The trial judge generally does not negotiate but, under local practice in many counties, a different judge presides over a 'settlement conference' under Rule 17.4 where free discussion of likely outcomes is permitted.

5. Plea Colloquy

Rule 17.2 requires the court personally to address the defendant and confirm understanding of the charge, range of sentence (including any special allegations), constitutional rights waived, and right to counsel; plus immigration consequences (Padilla v. Kentucky).

6. Withdrawal of Plea

Rule 17.5 allows withdrawal in the court's discretion 'when necessary to correct a manifest injustice.' Pre-sentence motions are more liberally granted than post-sentence.

7. Conditional Pleas

Arizona generally does not recognize conditional pleas; a guilty plea waives non-jurisdictional defects, including suppression rulings (State v. Hamilton).

8. Sentence Recommendation vs Bargain

Under Rule 17.4(d) the court may accept or reject the agreement. If it rejects the agreement (including a stipulated sentence), the defendant must be allowed to withdraw the plea.

9. Plea Statistics

About 95-97% of Arizona felony convictions are by plea.

This is legal information, not legal advice.