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May 26, 2017 | admin Open Pleas For Los Angeles DUI
When you are arrested for a DUI, you’re going to enter the court system and begin your journey through the legal process. Generally, you’ll be jailed in the beginning, until you enter what is called an open plea. This takes place during the arraignment. A plea deal is an important part of the process because not every DUI case has to go to trial. It benefits the county/state for a DUI case not to go before a jury because it saves money on trial costs. Thankfully, there’s a way to avoid trial and it usually involves giving the defendant a lesser charge or a lighter sentence in exchange for a guilty plea. Not every defendant will want to take advantage of this, especially one that is adamant that there was no wrong-doing.
Los Angeles DUI lawyers need to be well-versed on these types of open pleas. There are several types of plea arrangements that can be worked out, some with the prosecutor and some directly with the judge. Your Los Angeles DUI attorney will speak to you and get all the facts of the case, discuss things with the prosecutor, and begin to negotiate a plea on your behalf. Only you can make the final decision to take a plea deal, though. It is your right to have a trial if you so choose.
A prosecutor might offer you a deal so that they don’t have to take a simple DUI case to trial. The facts may already be known and you may even agree that you violated the law, but it’s going to save the state money to offer you a deal. This is a golden opportunity and you will find that most Los Angeles DUI lawyers are eager to bargain for a deal for you if you express interest. It shortens the red tape of a trial and keeps the court costs down.
Not every prosecutor offers a good deal for the defense, though. It’s vital that you have a defense lawyer who will tell you when you get a bad deal and doesn’t just want to settle to have the case over with. You’ll need a lawyer that will stand strong and fight for your case if need be. Far too many Los Angeles DUI attorneys are willing to settle a case to have it over with. You don’t want that. If a prosecutor offers a bad deal to you, your lawyer needs to hold their ground and find another solution to avoid trial or else take it all the way to trial with them at your side.
A judge can also offer you a plea deal but it’s up to you to take it. Judges don’t always go along with the terms the prosecutor sets forth. They have a lot of leeway to reduce your sentence or give you probation. You need a defense attorney who works well with the judges in your area and who can go to bat on your behalf. And always remember that no matter what a lawyer recommends, you have the right to take your case to trial and they need to be willing to do that for you as well.