How is a plea bargain negotiated in criminal defense law?

A plea bargain is a type of agreement where a defendant agrees to plead guilty to a lesser offense in exchange for a more lenient sentence or a dismissal of other charges. In criminal defense law, plea bargains are negotiated between the defendant, their attorney, and the prosecutor. The negotiation process typically begins with the defense informing the prosecutor of the defense’s position. In California, the prosecutor then takes into account the facts of the case, details of the defendant’s criminal history, and state sentencing guidelines when considering the offer. The defense and the prosecutor can negotiate offers back and forth until an agreement is reached. In some cases, a type of plea bargain called a “blind plea” is accepted in California. This type of plea does not specify a sentence, and it leaves the sentencing terms to the discretion of the judge. A blind plea may be used when the parties involved are uncertain about the details of the case or the strength of the evidence. Once an agreement is reached, the plea bargain is presented in court, and the judge will examine if it meets the state’s sentencing guidelines. The plea bargain will not be accepted if it does not meet these guidelines. If the plea is accepted, the defendant will enter a conviction plea in court. If the plea is rejected, the case will move to trial.

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