If you’ve been charged with a DUI, you will eventually have to make the important decision of whether to accept the “known evil” of a plea deal, or risk the unknown of a trial? This article will walk you through the questions you need to ask your attorney as you contemplate this important step:
- You can fight the charge even if you feel guilty.
You do not have to make a decision the first time that you are asked what plea you will be entering. Even if you think you are, in fact, guilty, you have a right to enter a not guilty plea and to prepare a defense. You can take your case all the way to trial, even if you feel guilty. The police officer may have violated your rights during the stop. The tests may have been administered improperly or registered incorrectly. Don’t assume just because you feel a certain way that you can’t mount a powerful defense.
- How likely is success?
You need to discuss your odds with your attorney. Nobody has a crystal ball to tell you what will happen, but they can tell you what has happened in other cases with similar fact patterns. What is your attorney’s experience with this police officer? Does he come to court prepared? What about the judge?
- What will the plea bargain do for you?
What deal is being presented? Is there any real advantage to entering a plea? If you are likely to receive the same sentence if you do not enter a plea, then that is something to consider in your choices. Is cost of defense a factor? You are in the driver’s seat of your case, so be assertive in making a decision that is right for you.
- Who are the key players?
What kind of prosecutor do you have? Is he or she likely to prepare a case, or will the prospect of trial be such an annoyance that a better plea will be offered on the day of trial? How reliable are the witnesses? How effective is your counsel? The facts are important, but the skill and preparation of the players.
- What would be the consequences of losing at trial?
Be sure to understand all the consequences of a plea and all the consequences of losing at trial so that you can make an informed choice. Get the whole picture of counseling, probation, and fines.
The choice of whether to fight or bargain is a tough one. Consulting with an experienced criminal defense firm is vital for making an informed decision.
