What is the process of plea-bargaining in criminal cases?

In Delaware, plea bargaining is a common practice in criminal cases. It is a form of negotiation between the prosecution and the defense, in which the defendant agrees to plead guilty to a less severe charge in exchange for more lenient sentencing or dismissal of additional charges. Before a plea bargain can be completed, the defendant and defense attorney must both agree to the terms. Both parties must sign a written plea agreement that sets forth the legal conditions of the plea bargain. Once the plea agreement has been signed, the defendant must appear in court to formally enter a guilty plea. The judge will review the plea agreement and decide whether to accept it or reject it. If accepted, the judge will impose the agreed-upon sentence. If the plea bargain is not accepted, the defendant may have to enter the plea-bargaining process again or choose to proceed to trial. By entering into a plea bargain, the defendant may avoid the time and expense of a trial and avoid a harsher sentence that may be imposed by a jury. At the same time, plea bargains may limit the defendant’s access to certain types of evidence in the case. In addition, they may limit the ability of the defense to cast doubt on the government’s evidence or to present the defendant’s side of the case. As a result, plea bargaining can be a risky process.

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What is the process of plea-bargaining in criminal cases?

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