What is the difference between a plea bargain and a plea agreement in criminal defense law?

A plea bargain and a plea agreement are terms that are commonly used interchangeably in criminal defense law in California. However, there are some differences between the two. A plea bargain is an offer made by the prosecutor in a criminal case to reduce the penalties for a crime or to reduce the charges to a lesser offense in exchange for a guilty plea. For example, if a person is charged with a felony, the prosecutor may offer to reduce the charge to a misdemeanor in exchange for the guilty plea. A plea agreement, on the other hand, is an agreement between the defense and the prosecutor in which the defense agrees to enter a guilty plea in exchange for a reduced sentence, dismissal of certain charges, or some other benefit. This agreement is typically in writing, and both parties sign it prior to the plea being entered. In summary, a plea bargain is an offer made by the prosecutor, while a plea agreement is an agreement between the defense and the prosecutor. In either case, the agreement is typically made prior to the defendant entering a guilty plea.

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