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

Plea-bargaining in criminal cases is the process by which the prosecutor and defense attorney come to an agreement about a resolution of the case outside of trial. In South Carolina, plea-bargaining starts with the prosecutor discussing the possibility of a plea agreement with the defendant and his/her attorney. The prosecutor may offer to reduce the charges or recommend a lighter sentence in exchange for the accused pleading guilty. If the defendant agrees to a plea deal, it must be approved by a judge, who will determine whether the agreement is fair. If the defendant rejects the plea deal, the case will proceed to trial. During the trial, the prosecutor may continue to offer plea deals for lesser charges to avoid a verdict at trial. If the jury finds the defendant guilty of some, or all, of the charges, the court will usually sentence the defendant in accordance with the plea deal offered by the prosecutor. Finally, even if the defendant agrees to the plea agreement, the plea agreement may still be rejected by the judge. In such cases, the judge has the final authority to decide whether a plea agreement is appropriate. Judges may reject plea agreements if they believe that the terms of the agreement are too lenient for the crime committed.

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