The government may offer the defendant in a criminal prosecution a plea bargain or "deal" to avoid the time, cost, and risk of failing to secure a conviction at trial—and the defendant may accept such a plea deal to reduce the risk of a greater sentence. A defendant may only plead guilty if they actually committed the crime and admit to doing so in open court before the judge. When the defendant admits to the crime, they agree they are guilty and agree that they may be sentenced by the judge presiding over the court—the only person authorized to impose a sentence.

Sometimes the defendant and the government/prosecution agree that the defendant will plead guilty—sometimes to lesser charges than the defendant is facing—and agree what the punishment will be—subject to the court’s approval of the plea deal. And sometimes the defendant will agree to plead guilty and the government/prosecution will agree not to recommend an enhanced sentence—but it is up to the judge to determine how the defendant will be sentenced or punished.

If a defendant pleads guilty there is no trial and the next step is to prepare for a sentencing hearing.

In Delaware, as in other states, plea bargaining is a common practice in the criminal justice system. It allows the government to offer a defendant a plea deal to avoid the uncertainties of a trial, and for the defendant, it can mean a reduced sentence or lesser charges. A defendant must admit guilt in open court for a guilty plea to be accepted. This admission is a formal acknowledgment of their involvement in the crime and is made before a judge, who is the only authority that can impose a sentence. Plea agreements often include a negotiated sentence or charge, but ultimately, the judge has the discretion to approve or reject the plea deal. If the prosecution and defense agree on a plea that includes no recommendation for an enhanced sentence, the judge still retains the authority to decide the final sentence. Once a guilty plea is entered, the case proceeds directly to sentencing, bypassing the need for a trial.