How is a plea bargain negotiated in criminal defense law?

A plea bargain is a negotiated agreement between a defendant and a prosecutor in criminal defense law. In West Virginia, this agreement usually involves the defendant pleading guilty to a lesser charge in exchange for some sort of benefit. The process for negotiating a plea bargain begins when the defendant and their attorney decide that it might be a beneficial way to resolve the case. From there, the defense counsel and the prosecutor will discuss the case and the potential options, including a plea bargain. They will then negotiate the terms of the plea bargain, including the charge the defendant is pleading guilty to and any terms of the agreement (such as payment of restitution). Once the terms of the plea bargain have been negotiated, it will be presented to the defendant. If they choose to accept the terms of the plea bargain, they will enter a plea of guilty and the court will impose the agreed-upon sentence. If the terms of the plea bargain are rejected by the defendant, then the case will go to trial. The terms of a plea bargain vary depending on the facts of the case and the strength of the prosecutor’s evidence. Plea bargains can be beneficial for both parties - the defendant may receive a lighter sentence, and the prosecutor can avoid the time and expense of going to trial. Ultimately, it is up to the defendant to decide whether or not to accept the plea bargain.

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