Are Plea Bargains Necessary?
The prosecutor is not required to offer a plea bargain and there are cases where the prosecutor will not offer a bargain. It is his discretion. There are circumstances which do not allow a prosecutor to offer a plea bargain and a defendant should never assume he has the option to make a bargain. Even if a defendant is not offered a plea bargain, it may benefit the defendant to plead guilty, just to avoid a lengthy trial. A trial before a jury, or even before a judge, can make very personal details of an offense public through the process of the trial and public records resulting from the trial.
