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How can a prosecutor reduce charges during a plea bargain?
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Plea bargaining
A scene of the trials in Salem Village, Massachusetts Bay Colony, hand-colored engraving.
Prosecutors can reduce charges during a plea bargain through two primary methods:
- Charge bargaining: The defendant agrees to plead guilty to a less serious charge than the one originally filed. For example, a prosecutor might allow a defendant to plead guilty to aggravated assault rather than attempted murder.1
- Count bargaining: In cases involving multiple charges, a prosecutor may agree to drop one or more of those charges in exchange for a guilty plea on the remaining counts. This allows the defendant to face fewer total convictions.1
These negotiations are often used to improve conviction rates, avoid the time and expense of a trial, or secure testimony against other individuals. While these practices are an established part of the legal system, it is ethically vital to ensure that all plea agreements are entered into voluntarily and that the process does not coerce innocent defendants into pleading guilty.23