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August 30, 2017 | admin Ramifications for Accepting the Wrong Plea Bargain in a Los Angeles DUI Case
When involved in a case of driving under the influence in Los Angeles, you will be given a date which you shall be required to appear before the court. The time is also referred to as the arraignment. During the appearance, all the rights, charges, and potential consequences to be faced are read. At this point, the accused is always given a plea bargain.
A plea deal is a procedure where the defendant and the involved prosecutor try to work out a possible mutual satisfactory resolution for the Dui case without having to go through the trial process. In a plea bargain in Los Angeles, the accused with his or her lawyer plead guilty to the charges to be able to acquire some minimized sentence.
Going on trial versus accepting plea bargain
Once convicted of a DUI crime, you will be given two options by the court of law; voluntarily to enter a plea of guilty for a bargain or to face the jury for legal and procedural justice. A plea deal is available for the guilty and the innocent. Practically, in Los Angeles, over 90 percent of Dui convictions mostly come from negotiated pleas. Thus, there is a large gap compared to the 10 percent of the cases that go on the jury trial in the law courts.
The reason why the prosecutors give opportunities to the convicted individuals to plea bargain is that they may not have enough prosecutors to try each DUI case brought to them. Some DWI cases are weak, and they may not have witnesses to testify for either side. Thus, the prosecutor may decide to give a conviction directly or some punishment rather than taking the accused on trial.
The plea bargain is a fair deal that any accused individual can acquire. However, not every person will see it as a fair especially if they do not work with a competent DUI attorney who can explain the ramifications that come along with accepting a plea bargain in this city. With an excellent attorney, you may win the case and get back to your normal life. With, the wrong, inexperienced lawyer, you may end up losing that case and face some punishment though minimal.
How does plea bargain work in Los Angeles?
A plea agreement can happen at any point in a DUI prosecution case. That could be possible at the initial court appearance or even during the other steps in the courthouse on the first appearance date. The main reason as mentioned earlier is always to get lesser charges or no charges at all.
For instance, if someone is convicted of a DUI offense in the County, some of the plea bargains that could be availed by the prosecutor include:
• A guilty plea offense with DUI rather than a DUI conviction with an injury.
• A guilty plea on reckless driving and not a standard DWI offense
Some prosecutors, in some scenarios, could even agree to reduce any DUI charge to a traffic infraction. The plea bargain is complicated, and they significantly depend on the strength of the case on the table of the prosecutor. The offer provided by the attorney gets accommodative whenever the trial gets close. Therefore, it is for the accused best interest never to accept the initial plea bargain offer.
It will be a significant step if the defendant understands some elements before they agree to any offer such as:
• If they may acquire a less penalty which could be obtained through the actual trial
• Know the consequences and the date of parole or probation
• Whether there will be a collateral consequence when you plead guilty
• If the pleading is for parole, can the defendant comply with the rules of the probation?
Working closely with a Los Angeles Dui attorney could assist you in defining your decisions on whether to accept the wrong plea or not. However, you must consider some elements before hiring any lawyer to deal with such a complicated scenario on your behalf.
Why work with the best DUI attorneys in Los Angeles
Every client should seek to hire a lawyer who has strong negotiation and trial experience in Los Angeles. An experienced, capable, reputable, knowledgeable attorney can evaluate the weaknesses and strengths of any prosecutor’s case along with the penalties available and design the best approach to handle that particular instance.