Plea bargaining is whereby the prosecutor and the defendant resolve issues out of court. In such cases, the defendant consents to plead guilty in the court of law and in return he or she is subjected to a light sentence. In plea bargaining, a criminal case can be concluded without a trial. In several cases, the defendant agrees that he or she will plead guilty even before the trial. If the defendant agrees to the terms of plea bargaining the prosecutor ensures that some of the charges related to the case are removed. Plea bargaining is authorized in court rules of many states. For instance in subsection (e) of the 11th rule of state laws there is an authorization of plea bargaining. In 11(e), the defendant and the prosecutor may come to a consensus the defendant will plead guilty and in return the prosecutor provides a dismissal of the charge(s) that the court recommended to the senses or agree that he will not oppose the defendant if he requests for the refusal of the sentence or change of sentence. It is the prosecutor who makes the decision on whether to go by all the rules of plea bargaining or to follow some of the rules.
In general, the judge agrees to plea bargaining in cases where the defendant makes an informed decision about it. For plea bargaining to be authorized, the defendant must understand the maximum sentence that he will receive after pleading guilty. Another thing is that the defendant m…
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