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If a prosecutor reneges on plea bargains, defendants may seek relief from the judge. The judge might let the defendant withdraw the guilty pleas, may force the prosecutor to follow the plea bargain, or may apply some other remedy.
The most common plea bargain is a charge bargain. Sentence bargaining is when the prosecution agrees to allow a defendant to plead to a lesser charge in return for dismissing more serious charges.
Begin the plea letter with a short introduction of yourself. State your plea. Be very clear about how you are pleading. If you are pleading not guilty by reason of insanity, be sure to include those words.
For example, a defendant charged with a robbery that carries a maximum sentence of ten years in prison. During the plea-bargaining process, the two sides might agree that the defendant will spend at least one year in prison, but cap the maximum sentence at five years.
The three most common types of plea agreements are charge bargaining, count bargaining, and sentence bargaining. In a charge bargain, the defendant pleads guilty to a less serious charge than the one originally specified.