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 often used in criminal defense law in South Dakota. Both refer to an agreement between the defendant and the prosecutor which results in a criminal charge being changed or dropped. However, they are slightly different in terms of their purpose, scope, and execution. A plea bargain is an agreement by which the defendant pleads guilty to a lesser offense in exchange for a lighter sentence or alternative punishment. This type of agreement is typically offered by a prosecutor in order to avoid the cost and time associated with a trial. The benefit to the defendant is a lesser punishment than originally charged. A plea agreement, on the other hand, is an agreement between the prosecutor and the defense which outlines what both parties expect from the plea process. This type of agreement is often used to ensure that both parties are in agreement about the plea and the court’s decision and limits the opportunity for the defendant to argue in court. The benefit to the defense is that the plea agreement eliminates the risk of a harsher sentence from a trial. In summary, a plea bargain is an agreement in which the defendant pleads guilty to a lesser offense in exchange for a lighter punishment, whereas a plea agreement outlines the expectations of both parties during the plea process.

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

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