How is a plea bargain negotiated in criminal defense law?

A plea bargain is a legal agreement between a criminal defendant, their defense attorney, and the prosecutor. The defendant agrees to plead guilty in exchange for a lesser criminal charge or a lighter sentence than they would have received if they had been found guilty in a court of law. In New York, plea bargain negotiations usually begin when the prosecutor offers the defendant their plea agreement. The defense attorney then reviews the proposal and discusses it with the defendant. The defense attorney can propose changes to the plea agreement or negotiate different terms. This might involve arguing for a lighter sentence or fewer charges, or the dismissal of certain charges altogether. The prosecutor has the authority to accept or reject the defense attorney’s proposal. If the prosecutor accepts the defense attorney’s proposal, then the defendant agrees to plead guilty. If the proposed plea agreement is rejected by the prosecutor, then the defendant can either continue to negotiate or proceed to trial. If the defense attorney and prosecutor can’t reach a plea agreement, then the defendant’s case will proceed to trial. It’s important to keep in mind that plea bargains are not mandatory, and defendants have the right to decline any offer from the prosecutor. In New York, criminal defense law gives defendants the right to negotiate a plea bargain in order to reach a mutually beneficial resolution with the prosecution.

Related FAQs

What happens after a criminal trial is complete?
How can an attorney challenge evidence in a criminal defense case?
What is the sentencing process in criminal defense law?
Are there any special considerations in criminal defense cases involving juveniles?
What is the difference between a grand jury and a trial jury in criminal defense law?
How are appeals handled in criminal defense law?
What is a motion for a change of venue in criminal defense law?
How are search and seizure issues addressed in criminal defense law?
How can a criminal defense lawyer help negotiate a plea bargain?
What are the different types of jury instructions in criminal defense law?

How is a plea bargain negotiated in criminal defense law?

Related FAQs

Related Blog Posts