What is a plea bargain in criminal cases?
A plea bargain is an agreement between a criminal defendant and the prosecutor that determines how the defendant will plead guilty to a crime or crimes and the sentence they will receive in exchange. In criminal cases in Indiana, plea bargain agreements are common and can be used to resolve the case quickly and efficiently. In a plea bargain, the defendant may agree to plead guilty to a less severe charge, or to one charge in exchange for the prosecutor dropping another charge or reserving the right to recommend a lighter sentence. Alternatively, the defendant may plead guilty to the original charge and the prosecutor may agree to recommend a lighter sentence than might otherwise be given. The defendant must accept the terms of the plea bargain and agree to waive certain constitutional rights, including the right to a trial and the right to confront the witnesses and evidence against them. A plea bargain can provide both the defendant and the prosecution with some certainty about the outcome of the case, as well as reduce the time and expense of a trial. The plea bargain must be agreed to by both parties, accepted by the judge, and found to be in the best interest of justice. In Indiana, courts have the authority to determine if the plea bargain is appropriate, and can reject it if it is not. This gives the court a measure of oversight over plea bargain agreements to ensure that they are fair and just.
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