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

A plea bargain and a plea agreement are two common legal terms used in criminal defense law in Delaware. Both of these terms refer to an agreement between a criminal defendant and the prosecutor, in which the defendant agrees to plead guilty to a certain offense in exchange for some form of leniency from the prosecution. The key difference between a plea bargain and a plea agreement is the scope of the agreement. A plea bargain typically involves a specific agreement between the two parties and is usually legally binding. In a plea bargain, the defendant agrees to plead guilty in exchange for a more lenient sentence than what they would face if they went to trial and were found guilty. The prosecution agrees to recommend a reduced sentence to the judge in return for a guilty plea. A plea agreement, on the other hand, is a more general agreement that is not legally binding and does not involve a specific plea or sentence. In a plea agreement, the defendant agrees to admit guilt, but does not have to plead guilty to any specific offense. The prosecutor, in turn, agrees to take into consideration various factors such as the defendant’s criminal record, the strength of the case, and the amount of restitution to be paid when deciding on the defendant’s sentence. In short, a plea bargain involves a specific plea and a legally binding agreement, while a plea agreement is a more general agreement that does not involve a specific plea and does not necessarily need to be legally binding.

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