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3 area of plea bargaining that might be possible

On Behalf of | Feb 8, 2019 | Criminal Defense

Some defendants opt to resolve their case through plea bargains. This means that the defendant will plead either no contest or guilty to a specific charge or set of charges. In exchange for this, the prosecution agrees to meet specific conditions. In order for the deal to work, both sides have to do their part.

These deals have to be presented to the judge presiding over the case. The court has to accept the terms of the deal. In order to do this, the judge must ensure that the defendant understands what is going on. This includes the fact that they are waiving their right to be able to appeal. A plea deal has to be voluntary and must be based on facts.

There are three areas that can be used in these deals. The least common is fact bargaining, which involves the defendant admitting to certain facts, but the prosecution agreeing to avoid bringing up other facts.

The two that are most commonly used are charge and sentence bargaining. They might be used together, but sometimes. this isn’t necessary. If you are able to get a plea deal for a lesser charge, there is a good chance that you are going to have a lighter sentence. In this case, you might not need to have the sentence bargaining; however, some people still want to have that specific sentence included in the deal.

Make sure that you think about how you are able to protect yourself as part of your defense. If you think that a plea deal is a good choice for you, consider the terms carefully to ensure they are in your best interests.