What is the process of plea-bargaining in criminal cases?
Plea-bargaining is a process in which a defendant in a criminal case agrees to plead guilty to a lesser charge in exchange for a lighter sentence than if the individual were to plead innocent and go to trial. In Florida, plea-bargaining is regulated by the Florida Rules of Criminal Procedure. When plea-bargaining is used, the prosecutor and defense attorney will negotiate a plea agreement that both parties agree upon. A plea agreement is a written document that states the charges that will be dropped or the sentence that will be sought. The plea agreement must be approved by the judge before entering the plea in court. During the plea bargaining process, the defendant is not required to accept the plea agreement. The defense attorney has the right to reject any proposed agreement or continue to negotiate with the prosecutor. The defendant is also allowed to withdraw a plea of guilty before the court accepts it, if the defendant so requests. In Florida, the sentencing judge cannot accept a plea agreement that is less than the minimum sentence required by minimum sentencing guidelines. The judge may reject the plea agreement if it is determined that the plea agreement submitted by the parties is not appropriate under state laws. The plea-bargaining process is an important part of criminal justice in Florida. It allows criminal cases to be resolved in an effective and efficient manner without the need for a lengthy trial. It also ensures that the accused receives a fair sentence, as opposed to a harsher one imposed by a jury trial.
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