What every Driver Must Know about Making a DUI Plea Deal

For the most part, if you are pulled over and arrested for a DUI you are likely to be approached by the prosecutor to make a DUI plea deal. The primary objective of this is to ask you to plead in a particular manner to a specific offense in return for a certain concession(s). This process is known legally as plea bargaining, where your DUI lawyer (http://dui-lawyers.usattorneys.com/) will play a major role.

The following are certain factors you ought to know about this process.

Types of DUI plea deals

Plea deals can come in various forms and shapes and offer the parties concerned the freedom of negotiating an arrangement that is satisfying to all. They shaped in three basic ways:

• To plead guilty to a less serious crime you are initially charged with
• Dismissal of any one of the charges made against you, in return for a guilty plea to another charge
• To agree to a sentence that doesn’t involve a license suspension or high fine

In fact you and your DUI attorney can meet with the prosecutor any time during the proceedings in order to strike a plea bargain. Such discussions can be informal, or it can be a formal setting such as a “settlement” or “pretrial” conference within the judge’s chambers. However, you must remember that a deal is a compromise.

For the most part, the prosecutor does it to save court expenses as well as to the render the court calendar free to take up other cases. The stronger the case is against you, the more you would have to compromise. Your DUI lawyer will formulate a strategy to help balance your wishes against the position of the prosecutor.

Bad strategies

It is a bad strategy to put all your cards on the table during negotiations for a DUI plea deal. In addition, it is not wise to explain in advance your strategy to fight the charges framed by the prosecution. Another thing you must keep in mind is to never admit that you are guilty while engaged in negotiations with the prosecutor since this could be used against you before a judge.

Another bad strategy is to make a deal on the day of the trial, without waiting for the police officer. If the police officer is not present in court, the judge will dismiss your case altogether. In such a situation, the prosecutor can put forward a generous settlement before the court proceedings could begin. Under the circumstances, ask the prosecutor whether the police officer will be present. Another solution is to ask the prosecutor for a little time to consider the deal and, if the police official has not yet arrived, merely say no.

As soon as you arrive at a verbal agreement with the prosecutor, both of you should present yourselves before the judge. Then the prosecutor will proceed to explain the new arrangement in court.

In fact, the judge is not compelled to agree to the deal but in most cases he/she does so. And if you feel that things are not going as you planned them, and the judge begins to dictate some other terms, you can ask the court to withdraw your DUI plea deal. Your DUI lawyer will be of invaluable help in such a situation.

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