What is the difference between a plea bargain and a plea agreement in criminal defense law?
A plea bargain and a plea agreement in criminal defense law are two similar yet different concepts. Both involve a defendant and a prosecutor establishing terms for a criminal charge in exchange for something mutually beneficial. A plea bargain is an agreement in which the defendant pleads guilty, usually in exchange for a reduced charge or sentence. The prosecutor agrees to reduce the charges or recommend a reduced sentence in exchange for the defendant’s admission of guilt. Generally, plea bargains are offered to defendants who are willing to accept full responsibility for their actions and offer an early resolution for the case. A plea agreement is a contract between the defendant and the prosecutor in which both parties agree to certain terms and conditions in exchange for the dismissal or reduction of a criminal charge. The defendant agrees to plead guilty or no contest in exchange for the prosecutor’s promise not to pursue the charge or to charge the defendant with a lesser crime. This is generally used when the defendant is willing to admit wrongdoing but does not wish to plead guilty to the crime with which they are charged. In Kansas, both plea bargains and plea agreements are based on the same legal principle, that of a contract between the defendant and the prosecutor. However, the major difference between the two is that plea bargains involve a guilty plea in exchange for reduced charges or sentence, while plea agreements involve no guilty plea and the possibility of dismissal or reduction of the charge.
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