Understanding Plea Bargaining

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In the United States, an estimated 90% of all criminal cases do not go to court; rather than a jury trial, the accused individuals in these cases enter plea bargains.
For individuals facing serious charges, plea bargains may be an attractive alternative to facing trial.
Though individuals who enter plea bargains may not be required to appear in court, it is still important for these individuals to retain their criminal defense lawyers, as negotiating the terms of these agreements requires an extensive legal expertise.
In most cases, the process begins when the prosecutor in a criminal case approaches a defendant.
The prosecutor will likely ask the defendant if he or she would prefer to plead guilty or no contest in exchange for a reduced sentence.
Usually, the prosecutor will approach the accused individual with one of three types of plea bargains.
These are:
  • Count bargaining, where an individual is accused of several crimes but is only required to admit guilt to some of the crimes in order to receive his or her reduced punishment
  • Charge bargaining, where an individual is accused of a crime but admits guilt to a less serious crime, such as admitting guilt to petty theft rather than grand theft
  • Sentence bargaining, where an individual is offered a certain sentencing in exchange for a guilty plea
Depending on the type of plea bargain an individual enters, his or her lawyers may have to negotiate the terms of the sentencing.
Regardless of whether or not this is the case, individuals are advised to retain their attorneys, as entering such an agreement is a complicated legal procedure.
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