WHAT IS PLEA BARGAINING?
Most jurisdictions are overloaded with cases. If every case that was filed actually ended up being tried, the backlog of cases could be enormous and the delay rather lengthy. The Prosecutor and the Defense Attorney will determine the strengths and weaknesses in the case and particular beliefs as to how the Court may react to the specifics of that case. Negotiations take place wherein an agreement is reached regarding the outcome of the case. If the Defendant accepts the offer, then a document is filed with the Court setting forth the terms of the plea. Sometimes, there is a strong likelihood that jail sentence will result from a conviction based on the facts of the case, the Defendant’s criminal history (prior arrests and convictions) and the sentencing tendencies of the Judge. A plea agreement may be reached wherein this jail possibility can be avoided. The plea may involve conviction of a lesser charge. Plea Bargaining is a necessity in most jurisdictions. However, it should only tak
