plea deal (or plea bargain or agreement) – Agreement between the defendant and prosecutor where the defendant pleads guilty in exchange for a concession by the prosecutor. It may include lesser charges, a dismissal of charges, or the prosecutor's recommendation to the judge of a more lenient sentence.
What happens when a defendant accepts a plea bargain?
If you accept a plea agreement, a judge will sentence you without a trial and without a chance to change your mind. The prosecutor may offer a deal for a reduced sentence or no jail time if you agree to plead guilty . This is known as a plea bargain.
Which of the following occurs when a defendant agrees to plead guilty during plea bargaining in exchange for a less serious sentence?
plea deal (or plea bargain or agreement) – Agreement between the defendant and prosecutor where the defendant pleads guilty in exchange for a concession by the prosecutor. It may include lesser charges, a dismissal of charges, or the prosecutor's recommendation to the judge of a more lenient sentence.
When a defendant agrees to plead guilty in exchange for a lesser charge or lighter sentence?
Plea bargaining , in law, the practice of negotiating an agreement between the prosecution and the defense whereby the defendant pleads guilty to a lesser offense or (in the case of multiple offenses) to one or more of the offenses charged in exchange for more lenient sentencing, recommendations, a specific sentence, or ...
What happens if you plead guilty in a trial?
If you plead guilty, you could receive a penalty , such as a fine, a good behaviour bond, or for more serious crimes, a prison sentence or intensive corrections order. You could also lose your licence and get a criminal record (there are some exceptions to this).
What are the three most common types of plea bargain?
The three most common types of plea agreements are charge bargaining, count bargaining, and sentence bargaining .
Who initiates a plea bargain?
A plea bargain is an agreement between a defendant and a prosecutor , in which the defendant agrees to plead guilty or “no contest” (nolo contendere) in exchange for an agreement by the prosecutor to drop one or more charges, reduce a charge to a less serious offense, or recommend to the judge a specific sentence ...
Should I take a plea deal or go to trial?
Some plea bargains will offer little benefit to criminal defendants, especially those that the prosecutor believes will simply plead guilty. ... The prosecutor may decide to offer a better plea bargain closer to trial if he or she believes that the defendant will cost the prosecution the time and expense of a trial.
Is accepting a plea bargain an admission of guilt?
A guilty plea is formal admission of guilt and is the equivalent of a conviction. Most often, it occurs as part of a plea bargaining process which may result in reduced charges or an agreed-upon favorable sentence. The vast majority of criminal cases in the U.S. are resolved through this procedure.
How long after plea deal is sentencing?
Sentencing: If a defendant is convicted by either pleading guilty to a charge, or by being found guilty after a trial, sentencing will take place about seventy- Page 5 five days later if the defendant is in custody , or about ninety days later if the defendant is out of custody.
Do judges usually accept plea bargains?
Judge's Approval of a Plea Bargain
Technically, the answer to that question is yes . ... In most criminal cases, the judge will normally agree with the plea bargain made between the prosecutor and defense lawyer.
What are the 4 types of pleas?
There are 4 types of pleas a person can enter into at an arraignment: not guilty, guilty, nolo contendere and not guilty by reason of insanity .
Who decides if a plea agreement will be entered into?
A judge has discretion to decide whether to accept or reject a plea agreement. To make that decision, the judge evaluates whether the punishment is appropriate in light of the seriousness of the charges, the defendant's character, and the defendant's prior criminal record.
What happens if you go to trial and lose?
The jury (or the judge, in a bench trial ) can find you NOT GUILTY, GUILTY or the jury can be hung meaning that they cannot reach a verdict. A judge in a jury trial or bench trial , under certain circumstances, can rule that the prosecutor has not met the burden of proof and dismiss the case on the spot.
Can you plead guilty with an explanation?
You can plead guilty with an explanation or plead nolo contendere , which are useful only in certain situations. Or you can plead not guilty. You should contact the court in advance of the deadline for making your decision to find out how to enter your plea. ... This involves entering your plea in court before a judge.
Are you convicted when you plead guilty?
Guilty, with No Conviction – Here's what it means
The NSW Crimes (Sentencing Procedure) Act allows criminal Courts in NSW to make a finding of guilt against someone, however not record a conviction. This means that in this situation you would be found guilty with no conviction recorded.
