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.
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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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