What are the elements of a plea bargain in a drug case?

A plea bargain in a drug case is a legal agreement between a defendant and the prosecutor that allows the defendant to plead guilty to a lesser charge in exchange for the prosecutor reducing or dropping certain charges. In order for a plea bargain to occur, all of the elements must be present. First, the defendant must agree to plead guilty to a lesser charge in exchange for a reduced sentence or punishment. Second, the prosecutor must agree to the plea bargain and must agree to drop certain charges or reduce the severity of the punishment. Third, the judge must also agree to the plea bargain and must approve the agreement. Fourth, the defendant must admit to the guilt of the lesser charge or offense. This can be done in court or in writing. Lastly, the prosecution must prove that the plea bargain is fair and that the defendant is eligible for such a deal. In Delaware, if an individual pleads guilty to a plea bargain for a drug crime, the individual may face certain punishments such as probation, fines, drug testing, education or rehabilitation classes, and/or community service. Additionally, individuals may be required to pay restitution or return illegally-obtained property.

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