What is plea bargaining in criminal defense law?

Plea bargaining is a common practice in criminal defense law. In Kansas, plea bargaining is an agreement made between a prosecutor and a defendant, and allows the defendant to plead guilty in exchange for a lesser sentence than they would have received had they been found guilty of the original charge. The prosecutor may also agree to drop some or all of the charges made against the defendant. Plea bargaining is based upon compromise, so both the prosecution and the defense must agree upon the agreement. Typically, the prosecution wants a conviction that is as severe as possible, while the defense wants the least damaging plea and sentence possible. The plea usually has sentencing guidelines that identify the range of punishments that could be imposed. The decision of the judge is then determined by the facts of the case, as well as the arguments from the prosecution and defense. The judge also considers any aggravating factors that could lead to a harsher sentence. In summary, plea bargaining in criminal defense law involves a negotiation between the prosecution and the defense in which the defendant pleads guilty in exchange for a reduced sentence or fewer charges. The plea agreement must be accepted by both the prosecution and the defense and ultimately be approved by a judge.

Related FAQs

What is the right to remain silent in criminal defense law?
What is the difference between a direct and circumstantial evidence in criminal defense law?
How is evidence presented in a criminal trial?
What is a motion to suppress evidence in criminal defense law?
What rights do witnesses have in criminal defense law?
What is the difference between a preliminary hearing and a trial in criminal defense law?
How is the burden of proof determined in a criminal trial?
How does a criminal defense lawyer defend a client?
What are some strategies for preparing for a criminal defense case?
What is the role of a prosecutor in a criminal defense case?

What is plea bargaining in criminal defense law?

Related FAQs

Related Blog Posts