What is a plea bargain?

A plea bargain is a legal agreement between a prosecutor and a defendant in a criminal case. It is a way of resolving a criminal case without going to trial. In a plea bargain, the defendant agrees to plead guilty to a criminal charge in exchange for a reduced sentence or a less serious charge. In Texas, plea bargaining is heavily regulated by Texas Code of Criminal Procedure Articles 26.13 and 26.14. A plea bargain must be approved by the court and can only be accepted if it is voluntary and in the best interests of the defendant. The prosecutor is also required to explain the agreements to the defendant. There are two types of plea bargaining that are allowed in Texas; charge bargaining and sentence bargaining. Charge bargaining involves the prosecutor agreeing to reduce the charge against the defendant while sentence bargaining involves agreeing to reduce the sentence in exchange for a guilty plea. Plea bargaining can be beneficial to both the defendant and the court. Defendants may benefit from reduced charges or sentences and the court may benefit from a faster resolution to the case. However, plea bargaining can also be detrimental, as defendants may choose to plead guilty to a lesser charge in order to avoid a harsher sentence even if they are innocent.

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