If every case in the justice system went to trial, the courts would be so overloaded that they would effectively be shut down. Plea bargaining allows the prosecutor to obtain guilty pleas in cases that might otherwise go to trial. A defendant charged with Drunk Driving and Driving With License Suspended may be offered the opportunity to plead guilty to just the drunk driving charge. Typically, sentence bargains can only be granted if they are approved by the trial judge.
Many jurisdictions severely limit sentence bargaining.
Sentence bargaining sometimes occurs in high profile cases, where the prosecutor does not want to reduce the charges against the defendant, usually for fear of how the newspapers will react. A sentence bargain may allow the prosecutor to obtain a conviction to the most serious charge, while assuring the defendant of an acceptable sentence. A plea bargain is a contract between the prosecutor and the defendant, and both parties are required to comply with the terms of their contract. If the prosecutor breaks a deal with a defendant, the defendant may seek to have his plea set aside, or may seek a court order requiring the prosecutor to respect the plea bargain. This may happen if the prosecutor has agreed not to authorize additional criminal charges against the defendant in return for the guilty plea, yet subsequently files the charges.