Fact Bargain

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Fact bargaining is a type of plea bargaining. It refers to an agreement between a prosecutor and a defendant over what version of the facts will be presented in court. Fact bargaining plays a major role in sentencing; indeed, certain facts can increase or decrease one’s sentence depending on the corresponding sentencing guidelines. For example, under three-strikes laws, a person who committed a severe violent felony and two other previous convictions will serve a mandatory life sentence in prison. It is particularly important for drug-related offenses as the amount of drugs carried by the defendant can change the sentence drastically.

[Last updated in May of 2020 by the Wex Definitions Team]