What is a plea bargain? Will the District Attorney plea bargain my case?
The term “plea bargain” is unfortunately misleading to the public in that it implies that the defendant and his attorney have managed to obtain a reduction of charges or a lenient sentence. That is untrue. A plea bargain is instead simply an agreement between the Assistant District Attorney representing the State of Georgia and the defense that the State will recommend a specific punishment in the case to the judge if the defendant is willing to acknowledge guilt and enter a plea of guilty. The agreement as to punishment is not binding upon the judge, who may choose to impose any punishment within the range authorized by law. There are advantages to both the State and the defendant in arriving at plea agreements in many cases but be assured that the DA will not negotiate any plea for less punishment than the facts, circumstances, and applicable legal principles warrant.
Related Questions
- If I make a plea bargain with the police department to reduce charges, will the district attorney honor the police department’s promise?
- How binding on probation are plea bargain agreements negotiated by my attorney with the Court and the District Attorneys Office?
- WHAT IF A CASE IS NOT RESOLVED BY A PLEA BARGAIN?
