How does a DUI plea bargain work?

DUI lawyerDriving under the influence; DUI, is serious. A DUI plea bargain happens between the prosecutor and the Orange County DUI lawyer who is representing the accused. The plea bargain is usually based on the premise that the prosecution will agree to a reduced charge or a lesser sentence if the accused pleads guilty to the offense. DUI plea bargains do not happen all that often but there are times when it is offered. Regardless of the crime anyone commits, if the prosecution offers a plea bargain it should not be considered without seeking the advice of an Orange County DUI lawyer.

When a plea bargain happens it is usually instituted by the prosecution who will approach the defense attorney and offer his client a reduction in the sentence or even the charge in return for a guilty plea prior to the trial. Prosecutors are very aware of the situation in the courts and just how clogged they are with cases. If the case of every individual that was arrested ended up in court, the court would be gridlocked. As well as an awareness of the court situation, if the prosecutor is not comfortable with getting a conviction for the original charge, he may opt for a guilty plea of a less intimidating charge.

From the point of view of the defense DUI lawyer, the advantage is that he knows exactly what the penalty will be in advance. This is not the case when a judge rules, it is not until the judgment is handed down that the attorney and his client know what the penalty is. The impact on the record of the defendant is less harsh when the charges are reduced.

In a DUI plea bargain, the prosecutor will often offer to reduce the charge from DUI to reckless driving or perhaps driving with an open alcoholic beverage, as long as the accused pleads guilty. This does not happen in every case, if the accused has a spotless record this offer may be made. A plea bargain offer will never be made to a person who has been found guilty of DUI before. Once the defendant agrees to the reduced charges, the charges are included in the record and instead of jail time, a fine may be imposed.

Regardless of how many times you have been arrested for DUI, you will need an Orange County DUI lawyer on your side. When you are arrested, you are invited to call The H&M Law Firm.

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