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

A plea bargain and a plea agreement are similar, yet different legal concepts related to criminal cases in Hawaii. Essentially, both involve a defendant pleading guilty or no contest to a criminal charge, in exchange for something else. A plea bargain is an agreement between the defendant, the prosecutor, and the court. The defendant agrees to plead guilty or no contest to the charge in exchange for the prosecutor or court offering something in return. Generally, a plea bargain involves the charges being reduced, or the sentence being lessened. A plea agreement, however, is a contract between the defendant and the prosecutor. It involves the defendant pleading guilty or no contest to the criminal charge, and in exchange for the plea, the prosecutor agrees to waive certain charges, or ask for a lesser sentence. In short, a plea bargain is an agreement between the defendant, prosecutor, and court, while a plea agreement is a contract between the defendant and prosecutor. In both, the defendant pleads guilty or no contest to the charge, but in a plea bargain, the charge or sentence is reduced, while in a plea agreement, the prosecutor waives certain charges or requests a lesser sentence.

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