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Are there different types of plea bargains?

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Are there different types of plea bargains?

On Behalf of | Aug 22, 2022 | drug offenses

Whether or not the defendant decides to accept one, it is very common for a plea bargain to be a part of a drug trial. Plea bargaining offers a number of advantages for both the prosecution and the defense in certain instances.

In your particular drug case, it may or may not be wise to accept a plea bargain, depending on the circumstances. As per FindLaw, the types of plea bargaining are charge bargaining, sentence bargaining and fact bargaining.

Charge and sentence bargaining

Charge bargaining is what most people think of when talking about the term “plea bargain.” It is also the most common variety of bargain. This is when a defendant pleads guilty to lesser charges, and the prosecution dismisses more serious charges in exchange. For instance, in a murder trial, a defendant may agree to plead guilty to manslaughter in order to avoid murder charges.

Sentence bargaining is less common, but is very similar to charge bargaining. In this instance, the defendant agrees to plead guilty to higher-level charges but receives a reduced sentence for that charge in return.

Fact bargaining

Fact bargaining is comparatively uncommon. This is when the defense admits to certain facts in exchange for the prosecution not introducing other facts into the trial. This allows the prosecution to skip proving certain facts and allows the defense to avoid certain arguments.

In your particular case, it may not be wise to accept a plea bargain. However, even if you decide not to do so, it is likely that you will encounter a form of plea bargain during the course of your criminal trial.