a signed plea bargain agreement / is it permanent like a contract
A judge does not have to accept a plea bargain agreement. Normally, a judge accepts the agreement. The judge realizes that the defendant is taking a risk by taking the stand. Almost no judge would add anything to a sentence under that condition.
The advantage is that there is no risk that a jury would find the defendant not guilty. Even if the defendant makes a plea bargain and pleads guilty to a lesser offense, at least the defendant will not get avoid any punishment.
A person who is innocent should never plead guilty or Nolo Contendre or make a deal with the proscecution. Once a plea bargain has been accepted the defendant loses all rights to appeal. Even probation indicates the person has been convicted of a crime and has a criminal record and can create problems throughout one's life. This might be a time for a truly innocent defendant to consider filing a motion that he or she was not adequately represented by legal counsel.
The DEFENDANT doesn't bargain for a plea. The prosecution offers YOU the opportunity, take it or leave it. And, yes, the seriousness of the offense CAN affect whether or not a plea is offered.
A plea bargain is a 'deal' made between the prosecutor and the defendant. Judges have nothing to do with plea bargains - as a matter of fact judges don't even have to abide by them.
This is always a 'chancy' decision. Even if the defendant and the prosecutor agree to the bargain they struck, the judge is not bound to agree with the bargained down plea. There have been instances in which judges have nullified the plea bargain and tried the defendant on the original charges.
Yes.
They tried to bargain a lower price at the flea market. The plea bargain helped to get a less harsh sentence for the defendant. i went to the shop and looked at this lovely vase it was only £20, i thought that was a bargain.
It happens rather frequently - however - for a "bargain" to be struck between the defendant and the prosecutor, the defendant usually must agree to give up something . . . or someone.
This is usually referred to as a plea bargain. You are offered the chance to either go to trial on the original (usually more severe) charge against you, or plead guilty to a lesser offense (with a lesser penalty) without having to go to trial.
Contrary to popular belief, there is no such thing as a plea bargain "contract." The offer of a plea bargain is made between the prosecutor and the defense attorney. The judge is not involved in this 'bargaining process' and in some cases may not agree with it, and is not required to follow the result suggested by the prosecutor.
"Plea Bargain" is a phrase that is applicable only to criminal proceedings. In civil court, when the plaintiff and the defendant have come to a mutual agreement before the verdict is rendered, they are said to have "settled."