PLEA BARGAINING INVOLVES THE DISPOSITION OF CRIMINAL CHARGES SHORT OF TRIAL. THE MOST COMMON PRACTICE IS CHARGE BARGAINING, WHERE THE DEFENDANT TENDERS A PLEA OF GUILTY OF NOLO CONTENDERE TO ONE CHARGE IN RETURN FOR A PROSECUTORIAL COMMITMENT TO DROP, REDUCE, OR REFRAIN FROM BRINGING ADDITIONAL CHARGES. SENTENCE BARGAINING OCCURS WHEN THE DEFENDANT PLEADS GUILTY TO THE ORIGINAL CHARGE IN RETURN FOR A RECOMMENDATION FROM THE PROSECUTOR OF SENTENCING CONCESSIONS, SUCH AS A SUSPENDED SENTENCE, PROBATION, OR IMPRISONMENT NOT TO EXCEED AN AGREED UPON TERM OF YEARS. THE KIND OF DEAL OFFERED TO OR NEGOTIATED BY A DEFENDANT, HOWEVER, IS A FUNCTION OF THAT INDIVIDUAL'S CIRCUMSTANCES. VARIOUS BARGAINING POINTS OF THE PROSECUTOR INCLUDE REDUCTION OF THE ORIGINAL CHARGE, DISMISSAL OF OTHER CHARGES, RECOMMENDATION OF PROBATION OR OTHER LENIENCY, AGREEMENT TO MAKE NO RECOMMENDATIONS REGARDING SENTENCE OR NOT TO OPPOSE A DEFENSE PLEA OF LENIENCY, AGREEMENT TO DISMISS CHARGES AGAINST A CODEFENDANT, AND STIPULATION TO A SPECIFIC SENTENCE, SUCH AS RESTITUTION OR INCARCERATION IN A PENAL INSTITUTION. AS LONG AS THERE IS AN ADVERSARY SYSTEM OF CRIMINAL JUSTICE WITH CRIMINAL PROSECUTORS IN SUBSTANTIAL CONTROL OF WHAT CHARGES AND WHAT CASES TO BRING, WHERE COURTS POSSESS A WIDE RANGE OF SENTENCING DISCRETION, AND WHERE THE REHABILITATION OF OFFENDERS REMAINS MORE DREAM THAN REALITY, PRESSURES TO BARGAIN WILL BE IRRESISTIBLE. PROCEDURAL ASPECTS OF PLEA BARGAINING INVOLVE THE PROPER TIME TO BARGAIN AND BARGAINING MECHANICS. JUDICIAL PARTICIPATION IN PLEA BARGAINING IS SIGNIFICANT, EVEN THOUGH NEGOTIATIONS ARE INVARIABLY CONDUCTED BETWEEN DEFENSE COUNSEL AND PROSECUTOR. NO FORMAL ETHICAL GUIDELINES EXIST FOR DEFENSE COUNSEL AND PROSECUTORS REGARDING THE SUBSTANCE OF PLEA BARGAINING, BUT IT IS ESSENTIAL THAT AN ADVOCATE DEAL HONESTLY AND WITHOUT EXAGGERATION. CASE LAW IS REVIEWED. (DEP)