What is the difference between a federal plea agreement and a state plea agreement?

A plea agreement is an agreement between a defendant and a prosecutor. Generally, plea agreements are the result of a negotiation, in which the defendant agrees to plead guilty or no contest to a charge in exchange for a lesser sentence or the dismissal of additional charges. Federal and state plea agreements are both used in the criminal justice system, but they differ in how they are enforced. A federal plea agreement is a contract between a defendant and the federal government. Generally, these plea agreements are based on the U.S. Sentencing Guidelines, which sets out potential sentences for crimes that can be prosecuted by the federal government. In a federal plea agreement, the prosecutor is usually constrained by the sentencing guidelines and cannot offer a plea agreement that offers a sentence less than what is set out by the guidelines. A state plea agreement is a contract between the defendant and the state government and is based on state laws. This type of plea agreement can be used to resolve state-level criminal cases. Generally, state plea agreements are more flexible than federal plea agreements since prosecutors are not bound by the sentencing guidelines. This means that they can offer lesser sentences or dismiss additional charges in exchange for a plea.

Related FAQs

How do federal prosecutors determine which charges to pursue?
How do federal criminal defendants get legal representation?
What is the difference between federal and state organized crime laws?
What is the federal criminal justice system's approach to asset forfeiture?
What happens to someone who is convicted of a federal crime?
What are the requirements for federal grand jury proceedings?
How does the federal criminal justice system treat juveniles?
What is the federal criminal justice system's approach to sentencing in white collar cases?
What is the role of the Federal Bureau of Investigation (FBI) in federal criminal cases?
What is the difference between federal and state criminal proceedings?

Related Blog Posts

How to Defend a Federal Crime in the Court of Law - July 31, 2023
An Overview of the Types of Federal Criminal Charges - August 7, 2023
The Need-To-Know Facts about Federal Laws and Prosecutions - August 14, 2023
Federal Crime Consequences: Potential Punishments for Violations - August 21, 2023
Hiring a Federal Crimes Lawyer: What to Look for and How to Find One - August 28, 2023