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

A plea agreement and a plea bargain are both legal provisions that are typically used in court in a criminal case. The key difference between these two terms is that a plea agreement is a proposed outcome of a criminal case that is determined between the prosecuting and defending attorneys. The agreement is made before the jury decides the verdict of the case. A plea bargain is an agreement made between the prosecutor and defendant after the jury has reached a verdict of guilty or has determined that there is enough evidence to convict the accused. In Washington, a plea agreement is likely to be a form of plea bargaining. During plea bargaining, the accused person agrees to plead guilty to some or all of the criminal charges that are being brought against them in exchange for certain benefits. Benefits may include a reduced sentence, dismissal of some of the charges, or a recommendation of leniency from the prosecution. The sentencing that is proposed in the plea agreement is determined by the prosecutor and judge in the criminal case. In contrast, a plea bargain is an agreement between the prosecutor and defendant that is made after the jury has already determined the accused person to be guilty. During a plea bargain, the defendant may receive benefits such as reduced charges, reduced sentencing, or a lower fine. Again, the terms of the plea bargain are negotiated between the prosecutor and defense and must be approved by the judge in the case. Overall, plea agreements and plea bargains are both forms of negotiation used in criminal cases. The main difference is that plea agreements are made before the jury determines the accused’s verdict, whereas plea bargains are an agreement made after the verdict has been determined.

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