What is a plea bargain?

A plea bargain is a negotiation between a defendant and a prosecutor in which the defendant agrees to plead guilty to a lesser crime than the one they were initially charged with in exchange for lessened consequences. In California, a plea bargain is usually arranged when there is insufficient evidence or unfavorable conditions to pursue a trial. When a plea bargain is made, the defendant enters a guilty plea to the reduced charge and the prosecutor agrees to drop other charges and/or seek reduced sentencing. This gives both parties an incentive to come to an agreement without having to go through the expensive and time-consuming process of a criminal trial. The prosecution generally agrees to a plea bargain when there isn’t sufficient evidence for a conviction on the initial charge, or the defendant has conceded guilt. The defendant commonly agrees to the bargain because the lesser charge carries less punishment and often includes lessen restitution payments. In California, plea bargains are sealed, meaning that the judge can finalize the agreement without scrutiny from the public or press. This allows both the prosecution and defendant to resolve the case while avoiding any potential damage to reputations.

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