Because most cases are resolved without a trial, it is important that victims are meaningfully involved in the plea negotiation phase as it may be their only opportunity to shape the resolution of the case. The federal Crime Victims’ Rights Act and many states’ victims’ rights laws require that victims are informed of plea bargains (explained in Module 3). While victims never have control over the parameters of a plea bargain, advocates can make efforts to ensure victims are not merely informed but are able to take part in the discussions leading to a plea agreement so that prosecutors are engaging in plea negotiations that include the victim’s voice.  

• Advocates should encourage victims to ask the prosecutor, at the outset of the case, to explain the range of permissible sentences for the crimes charged.
• Advocates can help victims manage their expectations as to what they consider an appropriate outcome for their case. Advocates should encourage victims to evaluate the plea bargain in the context of the fact that it will relieve them of having to testify in court, a factor that may be important for some victims.
• Advocates should encourage victims, early in the case process, to think about what, in their view, would be a just outcome and help victims discuss this with the assigned prosecutor.
• Advocates can ensure that the parameters of a plea agreement are explained in terms that victims fully understand and that victims are given an opportunity to reflect on the plea and ask questions about it.