Rule 33.3.Propriety of Plea Discussions and Plea Agreements
Rule 33. PLEADING BY DEFENDANT · Last amended 1997 · Last verified July 17, 2026
In one sentenceRule 33.3 lets a prosecuting attorney open plea negotiations, ordinarily channeled through defense counsel rather than the defendant directly, and lists the concessions the state may offer — a favorable sentencing position, dropping the charged offense for a related one, or clearing away other pending or potential charges.
(A) In cases in which it appears that the interests of the public in the effective administration of criminal justice (as stated in section 33.6) would thereby be served, the prosecuting attorney may engage in plea discussions for the purpose of reaching a plea agreement. The prosecuting attorney should engage in plea discussions or reach a plea agreement with the defendant only through defense counsel, except when the defendant is not eligible for or does not desire appointment of counsel and has not retained counsel.
(B) The prosecuting attorney, in reaching a plea agreement, may agree to one or more of the following, as dictated by the circumstances of the individual case:
(1)to make or not to oppose favorable recommendations as to the sentence which should be imposed if the defendant enters a plea of guilty or nolo contendere;
(2)to seek or not to oppose dismissal of the offense charged if the defendant enters a plea of guilty or nolo contendere to another offense reasonably related to defendant’s conduct; or
(3)to seek or not to oppose dismissal of other charges or potential charges against the defendant if the defendant enters a plea of guilty or nolo contendere.
Plain-English Summary
Rule 33.3 gives prosecutors room to negotiate, but only when doing so would serve the goal Rule 33.6 describes: effective administration of criminal justice. When that condition holds, the prosecutor can open talks aimed at reaching a plea agreement.
The rule channels those talks through the defense lawyer. A prosecutor should work out an agreement with the defendant’s counsel rather than the defendant directly, except when the defendant is not eligible for appointed counsel, or does not want it, and has not retained a lawyer. That preserves the buffer a defense lawyer provides between a defendant and the state during negotiation.
The rule then spells out what a prosecutor can put on the table: a favorable sentencing position, or a promise not to fight one, in return for a guilty or nolo plea; letting the original charge go if the defendant instead pleads to a connected offense; or clearing away other charges — filed or merely possible — that stand against the defendant. Any of these can combine, depending on what the case calls for.
Frequently Asked Questions
When is a prosecutor allowed to engage in plea discussions?
When doing so would serve the public’s stake in effective criminal justice administration, the standard Rule 33.6 describes.
Should a prosecutor negotiate directly with a defendant who already has a lawyer?
No. Rule 33.3(A) channels negotiations through the defendant’s counsel, with an exception only when the defendant is not eligible for appointed counsel, or does not want it, and has not retained a lawyer.
Can a prosecutor promise a favorable sentencing recommendation in exchange for a plea?
Yes. Rule 33.3(B)(1) lets the prosecutor agree to push for, or not oppose, a favorable sentencing outcome tied to a guilty or nolo plea.
Can a plea agreement involve pleading to a different charge than the one originally filed?
Yes. Rule 33.3(B)(2) lets the prosecutor drop the original charge in exchange for a guilty or nolo plea to a different offense that reasonably connects to the defendant’s conduct.
Can a plea agreement resolve charges beyond the one being pleaded to?
Yes. Rule 33.3(B)(3) lets the prosecutor agree to drop, or not fight the dismissal of, other charges — filed or still possible — pending against the defendant.
Amendment History
Amended effective October 9, 1997.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Uniform Superior Court Rules, published by the
Council of Superior Court Judges of Georgia. Last verified July 17, 2026.
· Official source
Also known as:Georgia plea bargain rulesUSCR 33.3prosecutor plea agreement Georgia Superior Courtplea discussions through defense counseldismissal of charges plea deal GeorgiaGeorgia plea negotiation rule