What is the process of plea-bargaining in criminal cases?
Plea bargaining is a common practice in many criminal cases in Kansas. In criminal plea bargaining, the defendant and the prosecutor reach a compromise of some sort. Generally, plea bargaining involves the defendant pleading guilty to one or more of the charges against him or her, in exchange for the prosecutor agreeing to drop other charges or to recommend a reduced sentence. In Kansas, plea bargaining typically begins after the formal arraignment process has been completed. If a plea agreement is reached between the defendant and the prosecutor, the judge will review the plea agreement and may accept it or reject it. If the plea agreement is accepted, the judge will enter a judgment of guilt on the count (or counts) to which the defendant has pled guilty. Then, if the plea agreement contained a sentence recommendation by the prosecutor, the judge will likely order the recommendation unless there are reasons to deviate from it. If the plea agreement does not include a sentence recommendation, the judge will sentence the defendant after the plea hearing. Regardless, the plea agreement is legally binding once accepted by the judge. Thus, the plea agreement serves as a way to resolve the criminal charges against the defendant without the need for a trial.
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