What is the difference between a plea agreement and a plea bargain?

A plea agreement and a plea bargain are both agreements between a defendant and the prosecution. However, the two terms refer to different aspects of the agreement. A plea agreement is the actual agreement that is drawn up, while a plea bargain is the negotiation process where both sides agree to the terms of the plea agreement. In Minnesota, a plea agreement is a formal agreement that states both sides’ understanding of the facts of the case and the plea agreement itself. The plea agreement will have a statement outlining the charges the defendant is pleading guilty to, the sentencing recommendation from the prosecution, and any other details that the parties have agreed to. A plea bargain, however, is the negotiation process that takes place between the two sides to agree upon the details of the plea agreement. During this process, the prosecution and defense will negotiate the terms of the plea agreement, such as the charges the defendant will plead guilty to, the sentence the prosecution will recommend, and any other details of the plea agreement. In the end, a plea agreement is a formal document that states the understanding between the two sides, while a plea bargain is the process of negotiation to come to an agreement. Both are required in order for a plea agreement to be valid in Minnesota.

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