What is the difference between a plea agreement and probation?
A plea agreement and probation are two distinct legal concepts in the context of violent crimes law in West Virginia. A plea agreement is an agreement entered into between a defendant and the state in a criminal case. The defendant is given the possibility of pleading guilty to some or all of the charges in exchange for lesser charges, or even for a dismissal of certain charges. The defendant must enter into the agreement of their own free will and the agreement is subject to the approval of the court. Probation is an alternative to jail time given by the court. The defendant does not plead guilty but instead agrees to a period of supervision by the courts. Probation may include maintaining a job, attending counseling or rehabilitation, or other activities required by the court. Probation typically lasts for a set period of time, and if the defendant completes all the requirements they may have the charges against them dropped. The primary difference between a plea agreement and probation is that a plea agreement requires a guilty plea by the defendant, while probation does not. Additionally, the terms of a plea agreement are agreed upon by the defendant and state in advance, while the terms of probation are set by the court.
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