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 New York, plea bargaining is a common practice in the criminal justice system where the prosecution may offer the defendant a plea deal to resolve the case without going to trial. This can save time and resources for both the government and the defendant. The defendant must admit guilt in open court, and such an admission is a prerequisite for a guilty plea. The terms of the plea bargain may involve pleading guilty to lesser charges or the prosecution agreeing not to seek an enhanced sentence. However, any plea deal is subject to the approval of the judge, who retains the authority to impose the final sentence. The judge's decision is informed by the plea agreement but is not bound by it. If the defendant accepts a plea deal and pleads guilty, the case proceeds directly to sentencing, bypassing the trial phase. The sentencing hearing is where the judge will determine the appropriate punishment based on the guilty plea and any agreed-upon terms in the plea bargain, among other factors.