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Plea bargaining

Negotiations during a criminal trial, between an accused person and a prosecutor in which the accused agrees to admit to a crime (sometimes a lesser crime than the one set out in the original charge), avoiding the expense of a public trial, in exchange for which the prosecutor agrees to ask for a more lenient sentence than would have been recommended if the case had of proceeded to full trial.

Negotiations during a criminal trial, between an accused person and a prosecutor in which the accused agrees to admit to a crime (sometimes a lesser crime than the one set out in the original charge), avoiding the publicity and expense of a public trial, in exchange for which the prosecutor agrees to ask for a more lenient sentence than he or she would have recommended if conviction resulted from the case proceeding to full trial.

The normal rule of law is that judges are not bound by plea bargains although, as past lawyers themselves, they are generally aware of plea bargains and a reasonable recommendation of a prosecutor on sentencing is always heavily considered as it saves Court time and money, reduces inconvenience to the witnesses and victim, and encouraged persons to accept responsibility for their actions.

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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