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Plea negotiations take place during or before the criminal trial process, although once a trial begins the prosecution generally will not negotiate as aggressively. Such negotiations are based on the confidence level of both the defendant’s lawyer and the prosecution as to the likely outcome of the case. However, another factor in plea negotiations is that the judge is not required to follow the negotiated agreement. Generally, the judge will follow the settlement terms. However, once the case goes to trial, some judges may not completely honor the terms of a settlement.

 

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