Final answer:
In plea bargain cases, defendants are not typically referred for presentence investigation. Instead, they settle by pleading guilty to a lesser charge and may receive a lighter sentence, waiving their right to an appeal. If the case goes to trial, sentencing occurs post-conviction based on guidelines and the offense's severity.
Step-by-step explanation:
When cases are settled through negotiation without going to trial, the defendants are not typically referred for presentence investigation because a presentence report is generally used in the sentencing phase after a defendant has been convicted at trial. Instead, in the context of plea bargaining -- which is the negotiation process mentioned -- the defendant agrees to plead guilty to a lesser charge or to receive a lighter sentence, thus avoiding a trial. This plea agreement typically includes the defendant testifying to crimes in open court and waiving the right to an appeal.
Most criminal charges are resolved through plea bargain deals. Plea bargains are agreements between the prosecutor and defendant, where the defendant pleads guilty to some charges in exchange for concessions from the prosecution, such as reduced charges or a lighter sentence. The reasons for defendants choosing plea bargains can include overwhelming evidence against them, the opportunity to avoid harsher penalties, or the possibility to receive a reduced sentence in exchange for cooperating with authorities.
In cases where plea bargaining is not successful, and the case proceeds to trial, a jury selection takes place. Here, the selected jury, along with a judge, will hear the case. If found guilty, sentencing will be based on various factors and law guidelines. Alternatively, deferred adjudication may be an option, where sentencing is postponed while the defendant fulfills probationary terms, potentially leading to expunged charges.