What is the difference between a plea and a plea bargain?
In criminal law, a plea is the defendant’s response to a criminal charge, either admitting guilt or pleading not guilty. A plea bargain, on the other hand, is a negotiation that occurs between the defendant, their legal counsel, and the prosecution. Through a plea bargain, the defendant agrees to plead guilty, usually to a lesser charge, in exchange for reduced punishments. In California, plea bargains are especially important when it comes to drug crimes. Drug possession, sale, transportation and manufacturing are serious offenses and can lead to lengthy prison sentences and hefty fines. A plea bargain may allow the defendant to reduce their sentence and avoid the maximum punishments. The advantage of a plea bargain is that it typically reduces the risk of an unfavourable trial outcome. For the prosecution, they may be able to win a conviction in a case with conflicting evidence or a lack of witnesses. For the defense, they can avoid an unpredictable jury and reduce the chances of a lengthy sentence. Both parties should approach a plea bargain cautiously, as its outcome is binding, and the consequences of a plea bargain can be difficult to undo. It is important to get advice from an experienced criminal defense lawyer before entering into any plea bargain agreement in California.
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