What is the difference between a plea bargain and a plea agreement?

A plea bargain and a plea agreement are two different legal processes. Both are used in criminal proceedings and involve the accused person pleading guilty to a crime in exchange for some type of lesser sentence or a dismissal of certain charges. A plea bargain is an agreement between the prosecutor and the defendant to plead guilty to certain lesser charges in exchange for a reduced sentence. This agreement often comes before the trial process and can be used to lessen the time and resources devoted to the trial, as well as to avoid the uncertainty of a trial with a jury. A plea agreement is an agreement between the defendant and the prosecutor that defines the terms of a plea agreement, such as the charges the defendant will plead guilty to, the charges that will be dismissed, and the type of sentence the defendant will receive. This agreement does not have to involve a charge reduction or an agreement with the prosecution. It can also involve a guilty plea with an agreed-upon sentence. In South Dakota, all plea agreements must be approved by the court, and defendants must understand their rights and how the plea agreement could affect their life. This is why it is important to discuss plea options and agreements with a lawyer before any decisions are made.

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