How Do Plea Bargains Work in North Dakota Criminal Cases?
- Heartland
- Nov 26, 2025
- 4 min read
When someone is charged with a crime in North Dakota—whether it’s a DUI in Bismarck, drug possession in Minot, or an assault charge in Williston—one of the first questions they ask is:
“Will my case end in a plea deal?”
The truth is that most criminal cases in North Dakota end with a plea bargain, not a trial. Prosecutors, judges, and defense attorneys all rely on the plea-bargaining system because it helps resolve cases efficiently while giving defendants more control over the outcome.
But not all plea bargains are equal—and accepting the wrong deal can have lifelong consequences.
This guide explains exactly how plea bargains work in North Dakota, what types of deals exist, how prosecutors negotiate, and how an experienced criminal defense attorney can strengthen your position.
What Is a Plea Bargain in North Dakota?
A plea bargain is an agreement between the prosecution and the defense where the defendant pleads guilty (or no contest) to a charge in exchange for a benefit.
That benefit may include:
Lower charges
Reduced penalties
A dismissal of some charges
A recommended sentence
A deferred or suspended sentence
Avoiding jail
Keeping a felony off your record
North Dakota courts—including district courts in Burleigh County, Ward County, and Grand Forks County—approve plea bargains as long as the agreement is voluntary, knowing, and satisfactory to the court. Plea procedures are governed by N.D.R.Crim.P. 11.
The Three Major Types of Plea Bargains in ND
1. Charge Bargains
You plead to a lesser offense.
Example: A felony drug possession charge in Bismarck may be reduced to a misdemeanor, or a Class A misdemeanor assault in Minot may be reduced to a Class B.
Learn more about drug offense defense here:
2. Sentence Bargains
You plead to the original charge, but receive a lighter sentence, such as:
No jail time
A suspended sentence
A deferred imposition of sentence
Deferred and suspended sentences are authorized under the North Dakota Century Code Chapter 12.1.
3. Count Bargains
If you have multiple charges, you plead to one, and the rest are dismissed.
What a Plea Bargain Looks Like in North Dakota
A standard plea deal in ND may include:
Dropping a felony to a misdemeanor
Recommending no jail time
A deferred imposition of sentence
Dismissal of related charges
Reduced fines
For DUI cases, see our full guide here:
A felony theft case in Williston may be negotiated down to a misdemeanor with restitution. Drug possession cases may be reduced or dismissed after treatment—learn more in our blog:
How Prosecutors Decide Whether to Offer a Plea Deal
Prosecutors in Burleigh County, Ward County, and across the state consider:
-Strength of the Evidence
The defense gains leverage if:
The stop was unlawful
The search violated your rights
Witnesses are unreliable
Evidence is weak
Learn more about search rights here:
-Defendant’s Criminal History
First-time offenders often receive better plea options.
-Seriousness of the Charge
-Victim Input
-Court Resources and Backlog
When Do Plea Bargains Happen in ND Criminal Cases?
A plea bargain may be offered:
At the first appearance
During pretrial hearings
After reviewing evidence
During motion hearings
Right before trial
On the day of trial
If you are concerned about being charged without enough evidence, read:
What Happens at a Plea Hearing in North Dakota?
If you accept a plea agreement, the court will schedule a plea hearing at your local district court:
Burleigh County Courthouse (Bismarck): https://www.ndcourts.gov/courts/district-courts/burleigh
Ward County Courthouse (Minot): https://www.ndcourts.gov/courts/district-courts/ward
You can find all North Dakota district courts here:
At the hearing:
The judge will ask if you understand the charges
You confirm your plea
The judge ensures it is voluntary
The prosecutor states the factual basis
The judge accepts (or rejects) the plea
Why Plea Bargains Matter in ND Criminal Cases
A plea bargain can protect you from:
Jail or prison time
A permanent felony
Long license suspensions (especially DUIs under NDCC 39-08)
Stress, cost, and risks of trial
Some cases should go to trial—especially when the evidence is weak or illegally obtained.
How Heartland Law Office Strengthens Your Plea Negotiation
Attorney Patrick Waters brings nearly 20 years of experience defending individuals across North Dakota.
We build leverage by:
Challenging unlawful traffic stops
Challenging unconstitutional searches
Filing motions to suppress
Identifying weaknesses in the case
Preparing as though we are going to trial
Negotiating aggressively with prosecutors
Learn more about how aggressive defense strategies work:
Being charged with a crime?https://www.heartlandlawoffice.com/post/can-i-be-charged-with-a-crime-without-evidence-in-north-dakota
Arrested recently?
And always remember: you have the right to remain silent—read more here:
Common Questions About Plea Bargains in North Dakota
Q: Should I take the first plea offer in North Dakota?
A: Rarely. Early plea offers are usually the prosecution’s starting point—not the best deal.
Q: Can I get a felony reduced to a misdemeanor through a plea?
A: Yes. Felony reductions are common in drug, theft, and assault cases depending on evidence and negotiation strength.
Q: What if I want a deferred imposition of sentence?
A: Deferred sentences are available in many ND cases and allow the charge to be dismissed after probation. Your attorney negotiates for this specifically.
Q: Can a judge reject a plea bargain?
A: Yes, but it’s uncommon. Judges typically accept agreements unless something is inappropriate or unclear.
Q: Do plea bargains happen in tribal court?
A: Yes, but tribal courts vary by tribe. Heartland Law handles plea negotiations in tribal courts across the region.
This article is for informational purposes only and does not constitute legal advice. Always consult with a licensed attorney regarding your specific situation.