If you’re facing criminal charges in Georgia, understanding plea bargaining could be the difference between years in prison and a second chance. Nationwide, approximately 90-95% of criminal convictions result from plea agreements rather than jury trials, and Georgia courts follow this pattern. This guide explains how plea bargains work in Georgia courts, what options are available to you, and when accepting or rejecting a plea offer makes sense.
What Is a Plea Bargain in Georgia?
A plea bargain is a negotiated agreement between the prosecutor and defendant where the defendant pleads guilty or no contest in exchange for concessions from the prosecution. These concessions typically include reduced charges, lighter sentences, or dismissal of some charges.
In Georgia, the prosecutor has authority to negotiate plea agreements in most cases. However, the judge must approve any agreement and ensure that the defendant understands the charges, potential penalties, and rights being waived. The judge also confirms that the plea aligns with Georgia sentencing laws and serves the interests of justice.
There is no constitutional right to a plea bargain. The prosecutor has complete discretion over whether to offer one and what terms to include. This is why having an experienced criminal defense attorney who understands local prosecutors and judges is critical to securing favorable terms.
Three Types of Plea Bargains
Charge Bargaining
Charge bargaining involves pleading guilty to a less serious offense than originally charged. This is the most common form of plea negotiation in Georgia courts.
Example: A defendant charged with Aggravated Assault (a felony carrying 1-20 years under O.C.G.A. § 16-5-21) may plead guilty to Simple Battery (a misdemeanor with maximum 12 months). The reduced charge means avoiding a felony conviction, potentially preserving gun rights (subject to exceptions), and dramatically reducing potential prison time.
Example: A defendant charged with Theft by Taking (felony, over $1,500) may plead guilty to a reduced amount that qualifies as misdemeanor theft, avoiding felony consequences.
Sentence Bargaining
Sentence bargaining occurs when the defendant pleads guilty to the original charge in exchange for a lighter sentence recommendation from the prosecutor.
Example: A defendant facing Burglary in the First Degree charges (1-20 years under O.C.G.A. § 16-7-1) pleads guilty with the prosecutor recommending 5 years probation instead of prison time. The charge remains a felony, but the defendant avoids incarceration. (Note: Burglary in the Second Degree carries 1-5 years.)
Example: In a DUI case, the prosecutor may agree to recommend no jail time and reduced probation in exchange for a guilty plea, even though the charge itself isn’t reduced.
Fact Bargaining
Fact bargaining involves the prosecutor agreeing to omit certain facts from the case that could result in harsher sentencing. This is less common but can significantly impact outcomes.
Example: In a drug distribution case, the prosecutor agrees not to present evidence that the defendant possessed drugs with intent to distribute within 1,000 feet of a school, which would otherwise trigger enhanced penalties under O.C.G.A. § 16-13-32.4.
Example: The prosecutor agrees not to introduce evidence of a prior conviction that would affect sentencing under Georgia’s recidivist statutes.
Types of Pleas Available in Georgia
Guilty Plea
A guilty plea is a complete admission of guilt. The defendant accepts responsibility for the crime, and this admission can be used in subsequent civil proceedings. Guilty pleas may be negotiated (with agreed-upon sentencing terms) or non-negotiated (leaving sentencing entirely to the judge).
When you plead guilty, you waive several constitutional rights: the right to a jury trial, the right to confront witnesses, the right against self-incrimination, and the right to present a defense. The judge will ask questions to ensure you understand these rights and are waiving them voluntarily.
Nolo Contendere (No Contest)
Under O.C.G.A. § 17-7-95, a nolo contendere plea means the defendant does not admit guilt but accepts punishment as if guilty. The critical advantage: under O.C.G.A. § 17-7-95(c), this plea cannot be used as an admission of guilt in a subsequent civil lawsuit.
When this matters: If you’re charged with a traffic offense after an accident, pleading nolo prevents the injured party from using your plea as evidence of fault in a personal injury lawsuit. Similarly, in assault cases, a nolo plea protects you from the victim using your criminal plea to prove liability in civil court. However, even with nolo, related facts and records may still be subject to discovery and litigation in civil proceedings.
Traffic cases: In some circumstances, a nolo plea in traffic court may help avoid points on your driver’s license. In many Georgia traffic courts, a nolo plea used to avoid points is limited to once every five years, and results vary by jurisdiction. Consult with an attorney about whether nolo is appropriate for your specific traffic case.
Important limitations: Nolo contendere requires judge approval and is not available for all offenses. Defendants under 21 cannot enter nolo pleas for DUI charges under O.C.G.A. § 40-6-391(k)(3). The plea is also unavailable for capital felonies.
Alford Plea
Named after the U.S. Supreme Court case North Carolina v. Alford (1970), this plea allows defendants to plead guilty while maintaining innocence. The defendant acknowledges that the prosecution has sufficient evidence for conviction but does not admit to committing the crime.
Key limitations in Georgia:
- Alford pleas are most commonly accepted in felony cases; judges rarely accept them for misdemeanors
- Judges have discretion to reject them, and some Georgia judges are reluctant to accept Alford pleas
- Unlike nolo contendere pleas, courts have held that Alford pleas can be used against you in subsequent civil cases
- The Eleventh Circuit addressed collateral consequences of Alford pleas in Blohm v. Commissioner (1993)
When an Alford plea makes sense: When the evidence against you is strong but you maintain innocence and want to avoid the risk of a harsher sentence at trial. However, discuss the civil liability implications with your attorney before choosing this option.
Negotiated vs. Non-Negotiated Pleas
Negotiated Plea
In a negotiated plea, the defense attorney and prosecutor agree on specific terms before the defendant enters the plea. These terms may include the exact sentence, probation conditions, fines, or treatment programs.
Key advantage: If the judge rejects the negotiated terms, the defendant can withdraw the plea and proceed to trial. This protects against unexpected outcomes.
Non-Negotiated Plea (Blind Plea)
A non-negotiated or “blind” plea means the defendant pleads guilty without a deal. Both the prosecution and defense present sentencing recommendations, but the judge decides the final sentence within statutory guidelines.
Key risk: The defendant cannot withdraw the plea if dissatisfied with the judge’s decision. Once you enter a non-negotiated plea, you’re bound by whatever sentence the judge imposes.
When a blind plea might make sense: When negotiations have stalled but the evidence against you is overwhelming, and you hope the judge will be more lenient than the prosecutor’s offer.
Georgia First Offender Act: An Alternative to Standard Pleas
Under O.C.G.A. § 42-8-60, the Georgia First Offender Act allows eligible defendants to plead guilty or nolo contendere without a conviction being entered on their record.
How It Works
If you qualify, the judge defers entering a conviction and places you on probation or sentences you to confinement. Upon successful completion of your sentence, the case is discharged and your record is restricted, meaning it is not visible on many private background checks, though visibility varies by database and employer screening method. You may be able to legally state that you have not been convicted of the crime in most contexts.
Eligibility Requirements
- No prior felony convictions in Georgia or any other state
- Can only be used once in your lifetime
- The judge must review your Georgia Crime Information Center (GCIC) record before granting First Offender status
Crimes NOT Eligible for First Offender
- DUI (O.C.G.A. § 40-6-391)
- Serious violent felonies listed in O.C.G.A. § 17-10-6.1 (murder, armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, aggravated sexual battery)
- Sexual offenses under O.C.G.A. § 17-10-6.2
- Crimes against law enforcement causing injury
- Sexual exploitation of minors
- Child pornography offenses
The Double-Edged Sword
Benefits:
- No conviction on your record for most purposes if successfully completed
- May be able to truthfully state you haven’t been convicted in many contexts (though disclosure requirements vary)
- Record restricted from many background checks (but not all)
Risks:
- If you violate probation or commit a new crime, the judge can revoke First Offender status
- Upon revocation, you’re automatically convicted based on your original guilty plea
- The judge can then impose the maximum sentence for the original charge
- Law enforcement and government entities can still see your record
- First Offender counts as a conviction for federal immigration purposes (can result in deportation)
- Firearm possession is commonly restricted while on First Offender probation and may be prohibited by probation conditions or federal law; consult an attorney about your specific situation
Retroactive First Offender
Under O.C.G.A. § 42-8-66, if you were sentenced without being informed of First Offender eligibility, you may petition the court for retroactive First Offender treatment. This requires the prosecutor’s consent before filing.
When to Accept a Plea Bargain
Consider accepting a plea offer when:
- The evidence against you is strong and conviction at trial is likely
- The plea offer significantly reduces your exposure (less prison time, misdemeanor instead of felony)
- Going to trial risks a much harsher “trial penalty” sentence if convicted
- The offer allows you to avoid collateral consequences (sex offender registration, loss of professional license, immigration consequences)
- You want certainty rather than the unpredictability of a jury verdict
When to Reject a Plea Bargain
Consider rejecting a plea offer when:
- The evidence against you is weak and you have strong defenses
- Constitutional violations occurred (illegal search, coerced confession, Miranda violations)
- The plea offer isn’t meaningfully better than likely trial outcomes
- Witnesses against you have credibility problems
- You’re factually innocent and unwilling to accept a conviction
- The collateral consequences of pleading guilty are unacceptable regardless of the sentence
The Plea Process in Georgia Courts
- Negotiations: Your attorney and the prosecutor discuss potential terms. This may happen over multiple meetings.
- Reviewing the Offer: Your attorney explains the offer, its consequences, and how it compares to likely trial outcomes.
- Decision: You decide whether to accept. This is your decision alone-your attorney advises but cannot decide for you.
- Plea Hearing: You appear before the judge. The judge reviews paperwork and asks questions to ensure your plea is knowing and voluntary.
- Colloquy: The judge asks if you understand the charges, maximum penalties, rights you’re waiving, and whether anyone coerced you.
- Sentencing: For negotiated pleas, the judge either accepts the terms or rejects them (allowing you to withdraw). For non-negotiated pleas, the judge imposes sentence.
Frequently Asked Questions
Can I withdraw my plea after entering it?
It depends on timing. Under O.C.G.A. § 17-7-93, you have a right to withdraw your guilty plea before sentencing is pronounced. However, after sentencing, withdrawal is much more difficult. You must show the plea was involuntary, unknowing, or that the court lacked jurisdiction. Simply regretting your decision or receiving a harsher sentence than expected is not grounds for withdrawal after sentencing.
Will a plea bargain affect my immigration status?
Potentially yes. Many convictions-even misdemeanors-can trigger deportation, denial of naturalization, or bars to reentry. Nolo contendere pleas and First Offender treatment still count as convictions for federal immigration purposes. Consult an immigration attorney before accepting any plea.
Can I appeal after pleading guilty?
Your appeal rights are severely limited after a guilty plea. You generally cannot appeal factual guilt. You may only appeal the legality of the sentence or whether your plea was knowing and voluntary.
What if the prosecutor won’t offer a plea deal?
You have no right to a plea bargain. If the prosecutor refuses to negotiate, your options are trial or a non-negotiated plea. An experienced attorney may be able to identify leverage points that encourage the prosecutor to negotiate.
How long do I have to decide on a plea offer?
Offers can be withdrawn at any time before acceptance. Some prosecutors set deadlines; others leave offers open until trial. Don’t assume you can accept later-the offer may change or disappear.
Why Legal Representation Matters
Plea negotiations involve understanding both the law and the local legal landscape. An experienced Macon criminal defense attorney can help evaluate:
- The strength of the evidence against you
- Potential defenses and weaknesses in the prosecution’s case
- Whether First Offender or diversion programs may apply to your case
- Collateral consequences specific to your situation (professional licenses, immigration status, gun rights)
- How to present your case effectively during negotiations
At Prine Law Group, we have represented clients facing criminal charges in Bibb County and throughout Middle Georgia since 2007. Our attorneys have experience on both sides, as prosecutors and defense attorneys, giving us insight into how plea negotiations work in local courts.
Contact Prine Law Group
Facing criminal charges in Macon or Middle Georgia? Consider speaking with an attorney about your options.
Call: 478-257-6333
Visit: 740 Mulberry Street, Macon, GA 31201 (2 blocks from Bibb County Courthouse)
Contact us to discuss your case and explore your options.
This article provides general information about Georgia plea bargaining law and does not constitute legal advice. Every case is different. The information here may not apply to your situation and should not be relied upon as legal advice. No attorney-client relationship is formed by reading this content. Contact a qualified Georgia criminal defense attorney to discuss the specific facts of your case.