How is a plea bargain negotiated in criminal defense law?

A plea bargain is a legally binding agreement between the defendant and the prosecution in criminal defense law. In a plea bargain, the defendant agrees to plead guilty or no contest to a lesser offense or even several lesser offenses in exchange for a lighter sentence than if they were found guilty in court. In Florida, plea bargaining is negotiated between the defense attorney and the prosecutor. The defense attorney will be the one to approach the prosecutor to discuss the possibility of a plea bargain. During the negotiation, the defense attorney will take into account the evidence in the case and options available to the prosecutor. They may also suggest an alternative sentence for the defendant in exchange for a guilty or no contest plea. The prosecutor may accept or reject the proposed plea bargain. If the plea bargain is accepted, the defendant will have to officially plead guilty or no contest in court to the lesser offense(s). The judge may also need to accept the plea bargain before it can become legally binding and the sentence can be handed down. In any plea bargain, there are no guarantees that the court will accept the plea bargain, despite the agreement between the defense attorney and the prosecutor. There could be circumstances that result in the plea bargain being denied. The judge might feel that the plea bargain is not in the best interests of justice, or the defendant could change their mind and drop the plea bargain.

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