How is a plea bargain negotiated in criminal defense law?

A plea bargain is a negotiated agreement between a defendant in a criminal case, and the state or federal government. The defendant agrees to plead guilty or no contest to a lesser charge, often in exchange for a reduced sentence or other considerations. In California, plea bargaining is part of the criminal justice process and is designed to save the court resources and time by reducing the number of cases that need to go to trial. As part of a plea bargain, the defendant and the prosecutor (on behalf of the state or federal government) meet to discuss the criminal charges, evidence, and possible sentences. After several meetings, the prosecutor and the defense attorney will reach a mutual agreement. If the defendant agrees to the plea bargain, they must then enter a plea in open court. The plea will generally be to a lesser charge or fewer counts, or to a reduced sentence. In other cases, the plea bargain may involve dropping some of the charges, or agreeing to a sentence that is less than the maximum, such as time served, probation, or fines. The prosecution and defense can also agree to a lesser sentence in exchange for a defendant’s cooperation in providing testimony or helping to solve other cases. Once the plea bargain is agreed upon, the defendant will enter a plea. The guilty plea will be put on the record and the court will enter its judgment. The plea bargain offers the defendant a potential way out of a difficult situation, but it is important to keep in mind that, once a plea is entered, it is difficult to undo.

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