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

A plea bargain and a plea agreement are both legal tactics used in criminal defense law in West Virginia. However, they are two distinct procedures that have different implications. A plea bargain is a negotiation between the prosecution and the defense. The prosecution typically reduces or drops certain charges in exchange for a guilty plea from the defendant. This reduces the risk of a lengthy trial and can save the prosecution and defense valuable time and money. A plea agreement occurs after both sides have reached a mutual understanding. This agreement typically includes the defendant’s admission of guilt, an agreement to comply with any court orders, and an acceptance of any sentencing terms the court deems necessary. The plea agreement also binds the prosecution to certain conditions, such as the dismissal of certain charges or a specific sentence. In summary, a plea bargain is a negotiation or agreement between the prosecution and defense. The plea agreement is a formal, binding contract that outlines the exact terms of the defendant’s plea. It is important to know both the differences and implications of a plea bargain and a plea agreement so that a defendant can make an informed decision when deciding how to plead.

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