If you
have been arrested for a DUI violation, it is almost certain that the
prosecutor will approach you with an offer for a plea deal. This means that you
will be asked to plead in a particular manner and in return be allowed a few
concessions such as a reduced sentence, which is known
as plea bargaining.
Types of pleas
In plea
bargains, the prosecution and the defense reach an arrangement that will
satisfy everyone involved. You can be asked to plead guilty to a lesser crime
than the one you are presently charged with. If there are multiple charges the
prosecutor can dismiss one charge if you agree to plead guilty to another.
Moreover, you can also agree to a sentence which will protect you from possible
license suspension and a higher fine and you will have a DUI lawyer near you at
this stage or a public defender (though you are much better off with the
former).
You can ask for a plea bargain anytime and any
where
The good
news is that you can negotiate a plea bargain at any point during the
proceedings. Your DUI attorney (http://dui-lawyers.usattorneys.com/) can ask the prosecutor for a
formal meeting that can also be conducted over the phone or via a settlement
conference at the judge’s chamber.
It is important
to remember that the only thing motivating the prosecutor for a settlement is
to reduce expenses and keep the court schedules free for other cases. This
means he is under no pressure to make a deal - well perhaps a little pressure for these reasons. You must therefore be prepared
for a compromise. If the case against you is strong the need for a compromise
becomes even greater. Your lawyer will help you strike a balance between your
desire and those of the prosecutors.
Do not concede to the take it or leave it attitude
of the prosecutor
Remember
that compromise does not mean you will allow yourself to be bullied by the
prosecution. Often they dictate the terms of the deal which, for the most part,
must never be allowed. The take it or leave it attitude of the prosecution
lawyers is a clear indication that they are possibly trying their best to
intimidate you. To counter this it is always sagacious to seek immediate help
from a DUI lawyer.
Bad strategies
- The prosecutor is not your friend and he is there to see that the justice is carried out properly and you end up paying for the DUI. Therefore, do not expose your strategy to the prosecutor.
- While negotiating a plea bargain you must never admit guilt. If the negotiations fail then your admission will be used by the prosecution to get a conviction.
- If the police officer who was present during the DUI violation is absent, the case will be dismissed. Do not enter a plea bargain if the officer is not present in the court as the case will anyhow be dismissed. Often times, prosecutors propose settlements when they are aware that the officer will not appear in court. If the officer is not present while such a proposal is being tabled decline the proposal and wait for his/her arrival.
Formalize the deal
If you
have a verbal agreement, ask the judge to give you an appointment immediately
and get the deal formalized in front of the judge.
No one
wants to be charged with anything. No one wants to have their life jacked up
but when you do something wrong then there is a normally a punishment that
follows. This is no different than getting into trouble in elementary school
and having to write sentences over and over again. The positive news is that
there has been a business looking out for people like you. The business name is
not vital here but their website could just change your life. Now it is much
easier for you to find the right kind of legal help. Use this site, http://dui-lawyers.usattorneys.com/, to find that legal counselor you need.

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