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September 1, 2017 | admin The Benefits of Creative And Skillful Plea Bargaining in a Los Angeles DUI Case
Plea bargaining is a legal term used to denote the negotiation that takes place between your attorney and the prosecutor. During such negotiations, these professionals zero in on reducing or dismissing the charges that may be leveled against you. These negotiations are effective in obtaining dismissals, reducing penalties such as doing away with jail term and allowing for community service. For instance, in the recent past, a prosecutor demanded for jail term in a DUI case. However, the DUI lawyer persuaded the judge to consider allowing the client to put on electronic monitoring instead of serving his jail term.
Moreover, when aggravating circumstances come up, the judge, legislature and prosecutor can dictate the terms. However, these terms may be modified through negotiations based on DUI lawyer’s experience in trading off harsh consequences. Law firms have been inviting new and potential clients seeking information on DUI penalties to check whether such penalties are set in stone formula, specific mode or have no room for modification or alteration. Many people who may not be conversant with this particular area of the law are usually stunned to find out that each legal offense ranging from DUI case to manslaughter is not quoted in specific finite penalties, but in ranges.
Clients are usually surprised that the offense of driving under the influence is a misdemeanor that may result in no time in jail to six months in imprisonment. It is clear that experienced Los Angeles DUI attorney may have latitude to engage in negotiations on behalf of his client. Every attorney has a priority of safeguarding his client’s freedom and impressive records at all costs. The biggest mistake made by many clients is oversimplifying the law, which in most cases, they do not comprehend. To this end, most of them make adverse assumptions concerning the potential consequences of their cases.
For instance, most clients assume that the blood-alcohol levels do not have an effect on the length of state-mandated alcohol program for any person who is convicted of DUI in California. Notably, when an individual is convicted on first offense, he or she could be jailed for between three and nine months. Usually, the prosecutor requests three-month alcohol program for individuals whose blood-alcohol levels are .14 or below. Consequently, the prosecutor requests for a nine-month program if a person’s blood-alcohol level is .15 or above.
Before negotiating a plea bargain, DUI attorneys advises their clients to attend Alcoholics Anonymous meetings. They also obtain written forms. In most instances, prosecutors are always ready to trade off such meetings and allow the clients to undertake short alcohol programs. This strategy helps in saving clients time and money. In addition, reduction of DUI charges in Los Angeles to lesser offenses courtesy of effective plea-bargaining can help in averting the expenses related to such charges. Moreover, such reduction helps clients to avoid the embarrassment associated with the dreaded ignition interlock device. The law ordering for ignition interlock device on all persons who own vehicles and are convicted of DUI became effective after July 1, 2010.
Once the device is installed in the car, the driver will be required to blow into the machine prior to turning on the ignition key. The device is easy to maintain and does not cause any damages on the vehicle. Other people can drive the car, but they will have to blow on the machine. In case it needs to be services, the device prompts the driver through a light or flash and a tone. If the ignition interlock device is not serviced, it may enter a lockout condition, thus making it difficult for the driver to operate the vehicle. If the owner of a vehicle fails the first breath test, the ignition interlock device will lockout for a short period. Subsequent failures are followed by longer lockouts.
Most clients always ask whether there exists any difference in being represented by a public defender, experienced DUI defense lawyer and going to the court to plead guilty. Notably, clients benefits immensely from the courtroom skills and experiences of DUI lawyers, as they are able to point out the weaknesses in evidence. In addition, they have vast skills of negotiating with the prosecutor on why the clients should not be jailed but allowed to engage in programs that will enable them to recover from using alcohol. DUI defense lawyers understand the value of developing rehabilitative efforts.