What is the process for plea bargaining a violent crime case?

Plea bargaining is a common practice for resolving violent crime cases in Oregon. It is an agreement between the defendant and the prosecuting attorney in which the defendant pleads guilty to a lesser charge than that which they originally faced. In exchange for this reduced charge, the defendant agrees to certain conditions or the prosecutor drops the charges altogether. The first step in the plea bargaining process is for the prosecution to present their case in court. The prosecutor will present what they believe happened and show why they believe the defendant should be held responsible. After hearing the evidence, the judge can accept or reject the plea bargain depending on the circumstances. If the judge accepts the plea bargain, the defendant will have the opportunity to reflect on the offered charges and reach a conclusion as to whether or not they are guilty of the crime they are being accused of. The defendant’s guilty plea is then held in court and a sentencing hearing is held. During the sentencing hearing, the prosecution and the defense may each argue their case in order to determine the sentence the court will give the defendant. Both sides have the opportunity to make arguments for or against a plea bargain. After hearing both sides of the argument, the judge will make a decision as to what the most appropriate sentence will be. Plea bargaining can be a lengthy process but is a useful tool to ensure a fair outcome for all parties involved. It allows the defendant to receive a reduced sentence and the prosecutor to save resources that would otherwise be needed for a full criminal trial.

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