How is a plea bargain negotiated in criminal defense law?

A plea bargain is a legal agreement between a prosecutor and defendant in which the defendant agrees to plead guilty in exchange for a less severe punishment or for a dismissal of some of the charges against them. In Washington, the defense lawyer negotiates a plea bargain with the prosecutor. This typically begins with the defense lawyer talking to the prosecutor to determine if there is any chance at negotiation and what the prosecutor is willing to offer. In a plea bargain negotiation, the defense lawyer and prosecutor typically discuss the charges and the evidence against the defendant. The defense lawyer will also evaluate any possible defenses that the defendant can make and determine if they have a chance of acquittal or of a not-guilty judgment at trial. The defense lawyer will also assess any mitigating factors such as the defendant’s prior criminal record, character references, and any other information that may be helpful in the negotiation. If the defense lawyer and prosecutor can come to an agreement, the defense lawyer will present it to the defendant for approval. The defendant can then choose to accept or reject the plea bargain. If the defendant accepts the plea bargain, they will plead guilty in court and the judge will sentence them according to the agreement. If the defendant does not accept the plea bargain, the case will proceed toward a trial.

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