What is a plea bargain in criminal cases?

A plea bargain is an agreement between the defendant, their attorney, and the prosecutor in a criminal case. It is a type of negotiation in which the defendant agrees to plead guilty to a lesser charge or to one or more charges in exchange for a reduced sentence, a dismissal of other charges, or for other concessions from the prosecutor. In Virginia, plea bargaining is typically done in state-court criminal cases, particularly in cases of a felony or a misdemeanor. For instance, a defendant charged with a felony might be offered the opportunity to plead guilty to a lesser offense in exchange for a lighter sentence. The defendant might also be offered the opportunity to plead guilty to the current charge in exchange for dismissal of certain additional charges. The plea bargain is the result of negotiation between the defendant and the prosecutor. The defendant may agree to the plea bargain, or they may reject it and take their chances at a trial. The prosecutor may also reject the proposed plea bargain if they believe the defendant should be held more accountable for their actions. In Virginia, before entering a plea, the defendant must be advised of the rights they are waiving, including their right to a jury trial, their right to counsel, and their right to remain silent. Additionally, the defendant must enter a plea of guilty in open court and must answer questions posed by the court and the prosecutor. Once the plea is accepted, the defendant may not withdraw it, except in certain circumstances.

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