California Plea Bargaining in a DUI Case

A plea bargain is a result of a negotiation between a prosecutor and your defense attorney regarding the specific terms of the case settlement or plea. There are two major considerations which make a negotiated settlement or a plea bargain, which it’s commonly called, a good idea.

The most important first step is to have your counsel prepare a complete case evaluation of the evidence contained in your police report. The law requires that for somebody to be guilty of a particular offense, that all critical elements of that offense have been met. For example in a driving under the influence case, it is essential that the prosecutor prove that the defendant was driving and that when tested had a .08% or more blood alcohol. Unless the prosecutor can prove that the police or other credible witness observed some driving by the accused then there exists a strong defense to quilt.

Careful consideration should be given to the clients recollection of the events that led to their arrests and whether or not they agree or disagree with the allegations contained in the police report. It is important to determine whether any legal excuse or exculpatory evidence or witnesses can contest any observations, statements or other evidence. This type of legal defense attacks the accuracy and or credibility of the prosecutors case in chief. An experienced courtroom lawyer can render his expert opinion on the relative strengths and weaknesses of both sides of your case.

Secondly, an equally important is protecting the clients exposure to jail or other sanctions or penalties they client may be facing if you choose is go to trial and are found guilty by a judge or jury. An experienced attorney can help his clients make the best decision for them by weighing all of these factors including all positive and negative benefits of accepting a plea bargain with all favorable terms and charges.

Protecting our clients rights, and exposure to potential penalties can often benefit them in successfully resolving their legal problems without the expense and stress of astrial. The decision of choosing a jury trial is your constitutional right when charged with a Dui.sThat being said, it would be unwise before deciding on any course, tosconsider and explore all of the other viable options and valuable benefits of a possible plea bargain.

For over 30 years our firm of skilled and experienced DUI specialists have helped thousands of clients carefully evaluate and weight the many factors that must be considered before making the best decision.