what is plea bargaining in a criminal case?

what is plea bargaining in a criminal case? what are the advantages and disadvantages of plea bargaining? thanks

benito wrote:what is plea bargaining in a criminal case? what are the advantages and disadvantages of plea bargaining? thanks

what is plea bargaining in a criminal case? what are the advantages and disadvantages of plea bargaining? thanks

PLEA BARGAINING

It is process whereby the accused, the offended party and the prosecution work out a mutually satisfactory disposition of the case subject to the court’s approval. it usually involves the defendant’s pleading guilty to a lesser offense or to only one or some of the counts of a multi-count indictment in return for a lighter sentence than that for the graver charge.

It precludes the filing and prosecution of the offense originally charged in the information, except when the plea of guilty to a lesser offense is without the
consent of the offended party and the prosecutor

ok thanks. so you mean if I plead guilty to a lesser offense, I will no longer be charged of the graver offense?

yes.....as long as it will be for the same act for which you are indicted .

Benito, are you a law student????

no attorney. napasubo lang po kc ako thats why I am asking for your opinions. I was charged serious physical injuries. madami pong witnesses ung sa kabila. sabi ng PAO mag plea bargain na lang.I was thinking to enter plea bargain para matapos na ang kaso ko. pasok po ba sa plea bargain ang slight physical injuries? how many days will I spend in jail?

Ok na yang plea bargaining...Mas mababa ang sentensya nyan...pero you need not spend a minute in jail dahil you can apply for probation, dahil slight physical injury is probationable..Meaning you just need to file through your PAO lawyer a petiton for that purpose. Once approved, the judge will issue an order setting forth the conditions of your probation, usually these are community service, reporting to the probation officer on a twice a month basis , and being gainfully employed. This probation may last for 6 month to two years depending on how long the supposed prison term imposed on your offense.

Next time stay away from trouble...
Take it easy and good luck!!!

thank you attorney for the very wise advice. its a good news that I will not spend a night in jail. I have one more question. Will the plea bargaining also lower my civil liabilities? say for example the hospitalization and medical expenses of the victim?

I am not so sure as regards to the civil liabilities....most of the time the payment is made a condition pa nga for the complition of your probation...meaning to say you'll get your release from the probation process only after you have complete payment of this liability.