How is a plea bargain negotiated in criminal defense law?

A plea bargain is when a defendant agrees to plead guilty to a lesser charge than the original criminal charge in exchange for a lighter sentence or a dismissal of other charges. In criminal defense law in Massachusetts, plea bargains are negotiated between the prosecution and the defense. To begin negotiations, the defense lawyer and the prosecutor meet and discuss the facts of the case. The defense lawyer will represent the defendant and the prosecutor will represent the interests of the Commonwealth of Massachusetts. The defense lawyer will explain the defendant’s version of the facts and the prosecutor will explain the evidence of the case. The defense lawyer will then negotiate with the prosecutor to get the best possible result for the defendant. The defense lawyer will make an offer to the prosecutor with the details of the plea bargain, such as the guilty plea to a lesser charge, the sentence requested, and any other conditions. The prosecutor will evaluate the offer and either accept it, decline it, or make a counteroffer. The negotiations will continue this way until the two sides reach a satisfactory agreement. Once a plea bargain is accepted, the defendant must then enter a plea of guilty in court. The judge will then decide whether to approve the plea bargain. If the plea bargain is approved, the sentence will be imposed and the case will be closed.

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