How does plea bargaining work in Pennsylvania?

1. Constitutional Framework

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

2. Types of Pleas

Pennsylvania accepts guilty, nolo contendere, and Alford pleas (Commonwealth v. Alvarado). Nolo carries the same criminal consequences as guilty but cannot be used as a civil admission.

3. Charge vs Sentence Bargaining

Both are widely used. The Commonwealth may agree to drop counts, nol pros enhancements, or recommend a specific sentence or range. Fact bargaining concerning Sentencing Guidelines calculations also occurs.

4. Judicial Role

Pennsylvania judges generally do not participate in negotiations. The court must determine whether the plea is voluntary and supported by a factual basis under Rule 590.

5. Plea Colloquy

Rule 590 and the Comment list six required areas: (1) understanding of the charges, (2) factual basis, (3) right to jury trial, (4) presumption of innocence, (5) permissible sentencing range, and (6) court's authority to reject the agreement. Immigration consequences must also be addressed (Padilla v. Kentucky; Commonwealth v. Velazquez).

6. Withdrawal of Plea

Pre-sentence: a 'fair and just reason' standard applies and is to be liberally allowed absent substantial prejudice to the Commonwealth (Commonwealth v. Carrasquillo). Post-sentence: defendant must show manifest injustice (Pa. R. Crim. P. 720).

7. Conditional Pleas

Pennsylvania allows preservation of suppression and similar issues by entering a 'conditional' plea or by following the statutory rule when expressly permitted.

8. Sentence Recommendation vs Bargain

If the court will not impose the agreed sentence, the defendant must be afforded the opportunity to withdraw the plea (Commonwealth v. Anderson).

9. Plea Statistics

Approximately 95% of Pennsylvania criminal convictions are by plea.

This is legal information, not legal advice.