Wednesday, December 23, 2015

What every Driver must Know about a DUI Plea Deal

Chances are that if you are apprehended for a DUI you are likely to be approached by the prosecutor in order to make a plea deal. The prosecutor may ask you to plead in a particular manner based on the offense and offer some concessions in return, which is known as a plea bargain. Here are some important facts that you must know about the process.

Types of DUI Plea Deals

Plea deals are of three types which give the concerned parties freedom to negotiate a deal that satisfies all. These are:
  • Pleading guilty to an offense that is less-serious than you are primarily charged with – you will need a Covington, TN DUI lawyer alongside you in this situation. 
  • Dismissing one of the charges against you, in return for pleading guilty to another.
  • Consenting to a sentence which doesn’t entail license suspension or a hefty fine.
You or your Covington area DUI attorney may approach a prosecutor during any point during the case proceedings to make that deal. The discussions may be formal or the negotiations could be both formal and mandated, such as “settlement” or “pretrial” conference in a judge’s chambers.

No one likes getting a ticket, a DUI ticket is even worse. But you got one and since this is reality and there is no Inception like escape, you must deal with it. You need to go here: http://dui-lawyers.usattorneys.com/tennessee/ and find yourself a Covington, TN DUI lawyer so you are not hammered too hard. If that is the case, you will want to escape into a dreamland for sure.
A Plea is a Compromise

In making a deal, a prosecutor is often motivated by other factors rather than merely striking an easy settlement. Most often they are willing to make a plea in order to save court expenses and free up the legal system to deal with other cases that may or may not be more pressing, more time consuming, and/or more “important”. Never be under the impression that it is a winner takes all kind of situation. You will have to compromise.

So the stronger the lawsuit, the more the degree of compromise you will have to make. However, don’t let the prosecutor intimidate you into making a weak deal. Covington, TN DUI lawyers strongly suggest that you don’t put all your cards on the table by informing the prosecutor your entire strategy for managing the lawsuit. Let your lawyer guide you through the process.

This is the time you should have a poker face. If you have to watch Ocean’s 11 or 13 (12 was no good) to understand what a poker face is, that is fine.

Don’t Admit Guilt

When negotiations are in progress never admit guilt either to a police official or to the prosecutor. If you do, this admission will be used against you before the judge and jury. If no DUI plea deal is made, the prosecutor will go ahead and testify as to what you told him or the police. 

Don’t Make a Deal before You See the Police Officer

Usually, when the police officer isn’t present at court, the judge can dismiss the lawsuit. If the judge knows that the police officer will not be present, the prosecutor may offer you a generous settlement before the judge. So, before your case is taken up, you must ask the prosecutor whether the police officer will be present. On the other hand, you may ask the prosecutor to spare you a little time to consider any deal, and if the officer has not yet appeared, politely decline.

Ensure the Deal is Formalized

As soon as you reach a verbal agreement with the prosecutor both of you must appear in court. This is when the judge will be informed of the arrangement by the prosecutor. Although a judge needn’t accept the deal, he/she usually does so depending on the circumstances. If it appears that this won’t happen, ask the court to withdraw your DUI plea deal, and proceed to trial. And if you have to do this, make sure to hire a Tennessee DUI lawyer to put up the best possible defense. 

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