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Plea Bargaining

Plea-bargaining is a process whereby the prosecutor and defense attorney negotiate a resolution of a criminal case prior to trial and at times even during a trial. From a practical standpoint, the prosecution and the courts do not have the resources to try every case before them. Consequently plea bargaining is often offered. Also, there are times when a prosecutor, when considering all the factors before them, feel the interest of justice is best served by allowing a defendant to plead to a reduced charge and or reduced sentence such as when the defendant has never been in trouble before, or when there are extenuating circumstances. Other times a prosecutor may see weaknesses and realize that he or she may have difficulty proving the case at trial and consequently may want to attempt to resolve the case without a trial by offering a plea bargain.
 
Often, a prosecutor will agree to allow a defendant to plead guilty to a lesser charge in order to avoid being tried on a more serious one, or to plead guilty to one of multiple charges in order to avoid being tried and convicted on all the charges, in exchange for a sentence agreed upon by the prosecutor and defense attorney. The plea bargain negotiations usually begin after arraignment, however can begin even before that time.
 
It’s important to note, that if a prosecutor agrees to reduce a charge, or to dismiss a charge in satisfaction as part of a plea bargain, then it is the prosecutor, not the judge that has the say on what the sentence will be as part of the plea bargain. Another words, a defendant cannot agree to plead guilty to a reduced charge and then ask the judge for a more lenient sentence then what was agreed upon by the prosecutor. The court in this situation does not have the authority to sentence the defendant to less than what the prosecutor has agreed to as part of the plea bargain unless the prosecutor agrees to defer the sentence to the court.