News. Plea bargaining is the primary apparatus through which judges, prosecutors, and defense attorneys cooperate and work together toward their individual and collective goals. The primary benefit of plea bargaining for both the prosecution and the defense is that there is no risk of complete loss at trial.
Some reasons why a plea agreement may be a good choice in your case include: Lighter sentence or offense. If you agree to a plea bargain, the prosecutor may agree to reduce the charges—for example, reducing a felony to a misdemeanor—or your sentence, which may be reduced to probation, depending on the offense.
Reduced charges: Defendants can negotiate reduced or amended charges, potentially leading to a less severe criminal record. Shorter process: Plea bargains typically lead to quicker case resolution, saving time and legal expenses.
Often, a plea bargain involves reducing a felony to a misdemeanor. This can be especially useful because it may allow the defendant to preserve their civil rights, retain a professional license, and protect their job prospects.
In the event that some form of the deal is accepted, the judge will hear the plea in open court and sentence the defendant. This may happen at a special hearing if the defendant is in custody, but otherwise the plea probably will go on the record at the next scheduled hearing.
Court Approval and Plea Agreements in California A judge must approve a plea deal. Once you have reached an agreement with the prosecution, the judge hears the details of the deal. The judge will ask you to confirm that you are voluntarily entering the plea.
Despite its benefits, plea bargaining is not without its critics. One of the most significant concerns is the potential for coercion. Defendants, especially those without adequate legal representation, may feel pressured to accept a plea deal for fear of facing harsher penalties if they go to trial.
Plea bargaining occurs when a District Attorney and defense counsel negotiate the charges to which a defendant will plead guilty, and the defendant consents to the deal. Plea bargaining eliminates the need for a jury trial. The negotiation in San Mateo County occurs in the presence of a judge who sets the sentence.
The terms of a plea deal are carefully negotiated by the prosecutor and the defendant, after speaking with their defense lawyer, but the judge makes the final decision.