What are the elements of a plea bargain in a drug case?
A plea bargain is an agreement between a defendant and a prosecutor in a criminal case, and it also applies to drug cases. In the state of Illinois, the elements of a plea bargain typically involve the defendant pleading guilty to a lesser crime or reduced set of charges than those initially filed in exchange for some benefit in sentencing. To enter such a plea bargain, the defendant usually has to formally enter a plea of guilty to the reduced number of charges. Depending on the severity of the drug case, a plea bargain may involve reducing charges from a felony to a misdemeanor, reducing the number of charges, and reducing the maximum penalties associated with the charges. In addition, the court may order a reduced sentence, or offer the defendant the option to go to drug rehabilitation instead of prison. The prosecutor has sole discretion in deciding the terms of a plea bargain and both the defendant and the prosecutor must sign off on the deal in order for it to be accepted by the court. The court also has to agree that the terms of the plea bargain are just and reasonable. When entering into a plea bargain, it is important for the defendant to understand the risks, the benefits, and the potential consequences and to consult with a qualified attorney before signing away rights.
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