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 Vermont, 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 the defendant can accept this deal to potentially receive a lighter sentence than they might after a trial. A defendant must genuinely admit to committing the crime in open court for a guilty plea to be accepted. The plea agreement may involve pleading guilty to lesser charges and may include a negotiated sentence, but ultimately, the judge has the discretion to approve or reject the plea deal. If the prosecution and defense do not agree on a specific sentence, the prosecution may agree not to seek an enhanced sentence, but again, the judge has the final say in sentencing. Once a guilty plea is entered, the case proceeds directly to the sentencing phase, bypassing the trial.