What percentage of federal cases are plea bargained?

• A. 50%
• B. 97%
• C. 85%
• D. 70%

Answer: (B)

In the federal system, plea bargaining is the dominant path to resolution. The vast majority of cases never go to trial because prosecutors and defense attorneys frequently reach a plea agreement that results in a guilty plea (often to a lesser charge or with a sentencing concession) and a predictable outcome. This efficiency is driven by the heavy caseload and the desire for certainty under the federal sentencing guidelines. As a result, about 97% of federal criminal cases are resolved through plea bargains, leaving only a small fraction to go to trial. The other percentages listed are not typical of federal case outcomes and don’t reflect how most cases are actually resolved.