How is a plea bargain negotiated in criminal defense law?

A plea bargain is a negotiated agreement between the prosecuting attorney, the accused, and their defense attorney. Through a plea bargain, the accused agrees to plead guilty to a less serious charge, or a reduced number of charges, in exchange for a reduced sentence or other concessions from the prosecutor. In Kansas, the process of negotiating a plea bargain usually begins after the defendant is formally charged with the crime. The defense attorney will then evaluate the case for weaknesses and discuss the plea offer with the prosecutor. If the defendant is willing to accept the plea bargain, the defense attorney will present it to the court for its review and approval. The court will then evaluate the plea bargain based on the severity of the crime, the strength of the evidence against the defendant, and any prior criminal record of the defendant. If the court approves the plea bargain, a plea hearing will be scheduled and the defendant will enter a guilty plea in exchange for the concessions as outlined in the agreement. Once the plea bargain is approved by the court, the defendant will be held to the terms of the agreement. If the defendant fails to fulfill their obligations, the prosecution can withdraw the plea agreement and the defendant may face the original charges.

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