The type of plea bargain that reduces a defendant's charges is charge bargaining.
Understanding Charge Bargaining
Charge bargaining is a common form of plea agreement where a defendant pleads guilty to a less serious charge than the one originally filed by the prosecution. This allows the state to drop the more serious accusations in exchange for a guaranteed conviction, avoiding a potentially lengthy and costly trial.
How Charge Bargaining Works
In a charge bargain, the prosecutor offers the defendant the opportunity to plead guilty to a charge that carries lighter penalties, fewer legal consequences, or a less severe social stigma. This negotiation often occurs early in the legal process.
- Pleading to a Lesser Offense: The defendant admits guilt to a different, less severe crime. This can result in reduced fines, shorter probation periods, or less jail time compared to the original charge.
- Dropping More Serious Charges: If a defendant faces multiple charges, the prosecution might agree to drop the most serious ones in exchange for a guilty plea to a lesser charge or a combination of lesser charges.
Practical Example
A classic example of charge bargaining involves a defendant initially charged with DUI (Driving Under the Influence). Through charge bargaining, the prosecution might allow the defendant to plead guilty to a "wet reckless" charge. In this scenario, the more severe DUI charge is dropped. While "wet reckless" (reckless driving involving alcohol) still has consequences, they are typically less severe than a full DUI conviction, such as shorter license suspension periods and lower fines.
This process benefits both sides: the prosecution secures a conviction without the uncertainties of a trial, and the defendant receives a reduced charge with potentially lighter penalties.
