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Should You Take Your DUI Case to Trial or Negotiate a Plea Bargain?
Being arrested for a DUI can be a harrowing experience, leaving you with a lot of questions and concerns. One of the most important decisions to make is whether you should take the case to trial, or negotiate a plea bargain with the court. In this article, we’ll dive into the plea bargaining process.
Factors to Consider When Deciding to Take Your Case to Trial
Your DUI attorney will weigh several factors to determine whether you should plead guilty or go to trial. These include:
Attorney’s Advice: Your DUI defense attorney will analyze the available evidence, and review police reports to assess the strength of your case. If there is a lot of evidence in your favor, it may be worth your while taking the case to trial. However, if your lawyer believes that the evidence against you is significant, and a conviction is inevitable, they may suggest you accept a plea bargain.
Risks Involved: When it comes to deciding whether to take your case to trial or accept a plea bargain, it’s important to measure the risk involved. Consider the worst possible outcome of losing the case, and how it compares to the benefits of winning. If you contest the charges and lose, what is your worst outcome? Will it affect your livelihood or result in you losing a job? These are essential questions to ask when evaluating whether to go to trial or accept a plea bargain.
What Is a Plea Bargain?
A plea bargain is an agreement with the court and the prosecution in which you plea guilty to lesser charges. It’s a win-win situation for both you and the court, as the prosecution secures a conviction while you get to plead guilty to a lesser charge. Depending on your situation, you may pay a fine for the lesser charge, and be finished with everything. However, the more complicated your case, the more intricate the plea bargain process will be.
Does Your Criminal History Matter?
Your criminal history plays a significant part in whether or not you’ll qualify for a plea bargain. If you have a prior DUI conviction, more likely the prosecutor or the judge will not allow you to negotiate a plea bargain. However, if it’s your first DUI case, and no accident involved, then you could be eligible for a plea bargain. A plea bargain could reduce or eliminate any jail time you would receive as part of your sentence.
Does a Plea Bargain Involve Alcohol Counseling?
If you are offered a plea bargain, remember that you may still be required to attend alcohol counseling.
When Should You Contact a DUI Attorney?
If you’ve been arrested for a DUI, it’s crucial to contact an experienced DUI attorney. DUI is a complex area of the law, and you want someone fighting for you. Each case is unique, so the outcome for one defendant may not be the same as everyone else. With extensive knowledge of the legal system, a Todd Spodek defense attorney will determine the approach to ensure that all of your rights are protected.
Table: Factors Considered When Deciding to Take Your DUI Case to Trial
|Factors to Consider|Explanation|
| — | — |
|Attorney’s Advice|Your lawyer’s input on the strengths and weaknesses of your case|
|Risks Involved|The potential risk of receiving a DUI conviction|
|Outcome|The worst outcomes associated with losing the case|
|Criminal History|How your prior criminal history affects the plea bargain process|
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