What is a plea bargain?

A plea bargain is a common agreement in criminal law where the defendant agrees to plead guilty or no contest to a reduced charge or a lesser penalty in exchange for a sworn promise from the prosecutor not to pursue additional or more serious criminal charges. In Washington, plea bargains are commonly used in DUI cases. In order to negotiate a plea bargain, the defense and prosecution must both agree on the terms of the plea agreement. This usually involves the defendant agreeing to plead guilty or no contest to a lesser charge than the original DUI charge, or to a reduced sentence such as probation and/or DUI school, as opposed to jail time or community service. Once the plea bargain is accepted, the process is considered complete and the defendant is formally charged and sentenced for the agreed-upon charge. A plea bargain offers defendants the opportunity to avoid a full trial and have their sentence lessen. However, if a plea bargain is not accepted and the case goes to trial, the defendant faces the possibility of a more severe sentence for the original charge.

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