A plea bargain is an arrangement in which a defendant agrees to enter a guilty plea in return for certain concessions from the state. Prosecutors might agree to accept a guilty plea to a lesser offense. They may limit what information they share with the courts during hearings.
In the event that some form of the deal is accepted, the judge will hear the plea in open court and sentence the defendant. This may happen at a special hearing if the defendant is in custody, but otherwise the plea probably will go on the record at the next scheduled hearing.
As most know, deferred prosecution agreements — commonly referred to as ―DPAs‖ — are mechanisms by which targets of U.S. criminal investigations can, with court. approval, avoid criminal charges in exchange for their commitment to abide by the. dictates of the DPA, including financial penalties and remedial measures.
Under a plea bargain or a sentence of probation, a defendant is convicted of a crime. Compliance with the terms of the plea bargain or terms of probation is overseen by the court. A DPA, by contrast, is largely imposed and monitored outside the judicial system.
Under the French Penal Code, plea bargaining can be used for minor offences and any sentence of imprisonment proposed in the bargain may not exceed one year.
To get the best possible plea bargain, you approach the case from multiple angles. For example, you look for ways that the state's case is weak. You prepare a strategy to point out weaknesses to the state's attorney without revealing your trial strategy.
A Basis of Plea enables a defendant to explain his version of events and the extent of culpability accepted. For example, a defendant can plead guilty to an offence of assault but on a basis that a weapon was not used, as may have been alleged by the Prosecution.