What is a plea bargain?

A plea bargain is an agreement between a criminal defendant and a prosecutor in which the defendant pleads guilty to a criminal charge in exchange for a lesser sentence or a reduced charge. In West Virginia, plea bargains are often used when the prosecution and defense can’t agree on the level of guilt or appropriate sentence. It’s also used when the parties want to avoid trial and the associated costs and time. In a plea bargain, the parties negotiate an agreement which could involve the defendant pleading guilty to a lesser charge or reduced version of the original charge, or pleading guilty to the original charge but with a reduced sentence. In return, the prosecutor agrees to drop any related charges or waive additional charges. During the plea bargaining process, the prosecutor presents evidence to the court which is reviewed to ensure that the defendant’s plea is voluntary and knowing. Then, the judge makes a decision as to whether to accept the plea bargain or not. When the plea bargain is accepted, the defendant pleads guilty to the lesser charge or reduced sentence in exchange for a swift resolution to the case. This allows the defendant to avoid a trial, which can be costly and time-consuming. It also allows the prosecution to quickly close the case, which can free up resources for other cases.

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