I read in the newspaper or hear on radio or television that a case has been plea bargained. What is a plea bargain and why is it done?
A plea bargain is a negotiated settlement of a criminal case where both sides give and take. Usually, this involves the defendant giving up his/her constitutional rights such as the right to a jury trial and the right to make the prosecution prove his/her guilt beyond a reasonable doubt in return for an agreement that limits the charges and/or possible punishments that could be imposed. The prosecution obtains a conviction without the expense of going to trial and having to prove the defendant’s guilt. Plea agreements are reached for various reasons. They often vary from case to case. The criminal justice system (and the entire court system) would not function without plea bargaining. With the number of cases, the courts would have to be in session virtually around the clock seven days a week. For instance, statistics for a recent year in Emmet County showed that there were over 1750 criminal cases and 183 paternity/support establishment cases handled by the Prosecuting Attorney’s Offi