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

Plea bargaining is a common practice in the criminal justice system which involves the negotiation of a criminal charge or sentence between a prosecuting attorney and a defendant. A plea agreement is a type of plea bargain in which the defendant agrees to plead guilty or no contest in exchange for being provided a more lenient sentence than what would have been imposed if the case had gone to trial and the defendant were found guilty. A plea bargain is different from a plea agreement in that it does not usually involve a formal agreement or contract. In a plea bargain, a defendant may plea to a lesser offense or have certain charges dropped and in exchange receive a reduced sentence or some other form of concession. The prosecutor and the defendant work out a plea bargain that is satisfactory to both parties without any form of written or verbal agreement. In California, plea bargaining is still a common practice and occurs in the majority of criminal cases, especially drug crime law. However, plea agreements are becoming more popular as they provide a certain level of transparency and certainty as to what a defendant is agreeing to. This can be beneficial to both parties, as the defendant knows exactly what they are pleading to and the terms of their sentence, and the prosecutor can rest assured that the plea will stick.

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