When a person is facing criminal charges, they may have the option to negotiate a plea bargain agreement with the prosecutor. This agreement can offer significant benefits if the defendant agrees to plead guilty to certain charges or accept certain terms in exchange for a lighter sentence or reduced charges. However, not all terms are typically included in a plea bargain agreement. In this article, we will explore what is and is not typically included in a plea bargain agreement.
What is a Plea Bargain Agreement?
Before diving into the specifics of what is not typically included in a plea bargain agreement, let us first review what a plea bargain agreement is. A plea bargain agreement is a negotiated agreement between the prosecution and the defense in a criminal case. Typically, a plea bargain agreement requires the defendant to plead guilty to one or more charges in exchange for a reduced sentence or fewer charges.
Types of Plea Bargain Agreements
There are two main types of plea bargain agreements: charge bargaining and sentence bargaining. Charge bargaining involves the defendant pleading guilty to a lesser charge in exchange for dropping more severe charges. Sentence bargaining involves the defendant pleading guilty to the original charges, but in exchange, they receive a lighter sentence.
What is Not Typically Included in a Plea Bargain Agreement?
While plea bargain agreements can vary, there are some things that are not typically included in such agreements. For instance, a plea bargain agreement typically does not include an agreement to reduce or waive fines or restitution. The defendant will still be required to pay any financial penalties associated with their crime, such as court fines, fees, restitution to victims, or reimbursement for any damages.
Another aspect that is not typically included in plea bargain agreement is a promise for a specific sentence or punishment. Although the prosecutor and defense may negotiate a lighter sentence, there is no guarantee that the judge will accept the agreement. Ultimately, it`s up to the judge to decide whether to accept the plea bargain agreement or not. The judge will take into account various factors, such as the severity of the crime, the defendant`s record, and the specifics of the case before deciding what sentence to impose.
Additionally, plea bargain agreements typically do not include any promises about future charges. If the defendant commits another crime, they can still be charged and prosecuted for it. Prosecutors cannot promise that they will not bring new charges against the defendant in the future.
Conclusion
In conclusion, a plea bargain agreement is a negotiated agreement between the prosecution and defense in a criminal case. While specific terms can vary, plea bargain agreements typically include reduced charges or lighter sentences in exchange for a guilty plea. However, there are certain things that are typically not included in a plea bargain agreement, such as a promise for a specific sentence, reduced fines, or a guarantee against future charges. It`s always important to consult with an experienced criminal defense attorney if you are facing charges and considering a plea bargain agreement.