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

Plea-bargaining is a process used in criminal cases in Washington whereby a defendant pleads guilty to a reduced charge or to a lesser offense in exchange for the prosecution dropping other charges or recommending a lighter sentence. The process is initiated when a defendant and the prosecutor negotiate a plea agreement. This agreement may include a lighter sentence, fewer charges, or some combination of both. The plea agreement is a binding contract between the defendant and the prosecution and must be approved by the court before taking effect. In some cases, the defendant may be asked to plead guilty to a felony instead of a misdemeanor. The judge may accept or reject the plea bargain based on the evidence, the seriousness of the offense, the defendant’s background, and the interests of justice. The prosecutor must evaluate the facts and the applicable laws to determine whether a plea bargain is suitable for a case. Usually, the prosecutor decides to plea bargain if it is expected that the defendant will receive a lighter sentence than if the case goes to trial and the defendant is convicted. This means prosecutors may suggest plea bargains to try to conserve court costs and resources. In some cases, a defendant may plead guilty to certain charges, but the judge may not accept the plea agreement. This may occur if the judge determines that the plea bargain is not in the best interests of justice or if the sentence proposed by the plea agreement is too lenient. Ultimately, the judge decides whether to accept or reject a plea agreement.

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