Plea agreements are a necessary part of the judicial system. In Humboldt County, the State of California and nationwide, more than 90% of cases are resolved with plea bargains.

In Humboldt County alone, more then ten thousand cases pass through the doors of the DA’s office each year. We have sixteen attorneys, seven judges and five courtrooms. At a maximum only around 250 cases could be tried each year, but in reality fewer than 100 cases are tried annually.

One of the greatest misunderstandings in the rule of law is the concept of a “plea bargain”. These agreements are intended to see that guilty people are punished for their crimes without adding extra burdens to the state’s ability to try other cases. It is the people of the State of California, or whatever jurisdiction is hearing a case, who are given the “bargain”—NOT the criminals. When I can get a defendant to accept a maximum sentence, without wasting tax-payer money on a case that is an “open and shut”, I think it is a victory for the community.

So what is a plea bargain?

A “plea bargain,” also known as a plea agreement, is a compromise between the prosecution and the defense to resolve cases efficiently, fairly, and which ensures that the wheels of justice move.  A plea agreement guarantees a sentence and punishment for the crime. The prosecutor looks at the evidence of the case, what can be proven beyond and reasonable doubt, and then recommends that the defendant plead guilty to the charges—often in a plea agreement the defendant waives their right to appeal.  When a person pleads guilty to their crimes without having to go to trial it is a victory or a “bargain” for the people and the community.  

Trials are risky and there are no guarantees

• Witnesses may not show up to court or may change their stories.
• A jury, of 12 people, has to decide unanimously that the defendant is guilty beyond a reasonable doubt otherwise the case will result in a mistrial.
• Trials are expensive, take several days to several weeks to resolve, and take police off the streets when they have to testify in court.