Being arrested for DUI (driving under the influence) can cause a lot of stress. Unfortunately, if you find yourself in this situation, you may not know what to do or your options.
One of the best things to do in these cases is to get in touch with our team of experienced DUI attorneys at the Law Offices of Steven J. Pisani. We can help you decide how to move forward with your case while providing advice and guidance.
While each case is unique, there are some situations where the prosecution may offer you a plea deal. It can be tempting to avoid going to trial for the case; however, before agreeing to anything, it’s best to have the agreement reviewed by your DUI attorney.
The criminal justice system in Denver (and the entire state of Colorado) is burdened by all types of cases. Many criminal cases last for months or even years. Because of this, many prosecutors try to offer plea deals for some people to help save time.
There are benefits to this. For example, both you (the defendant) and the prosecution have more control over what happens and how the case is resolved. If you happen to go to trial, the outcome is unpredictable since the final decision is put in the hands of a jury.
The plea deal you receive is dependent on the circumstances of your case. However, some of the terms that you may see in a plea deal for a DUI charge include:
With this type of plea agreement, you are typically required to plead guilty to the charge, which means you are accepting it, or plead no contest, which means you aren’t contesting the charge against you. If you agree to this, then your sentence is reduced. The reduction amount depends on the specifics of your case.
For reduced charges, the plea deal will include dropping the original charge of DUI against you. However, you must plead guilty to a reduced charge. Usually, this will be reckless driving that involves alcohol. Usually, this deal is called a “wet reckless plea deal.”
In some situations, you may be facing multiple charges, along with DUI. In this case, the prosecution may present a plea deal where you must plead guilty to one or several of the other charges you face while having the other charges dismissed or dropped.
If you are offered a plea deal, there’s no obligation to accept it. This is true for DUI charges or any other criminal charges you face. There are no circumstances where the prosecution can try to coerce, threaten, or persuade you into accepting the deal, either.
Also, remember that the plea deal you are offered is a compromise. Because of this, your attorney may be able to go to the prosecution and negotiate with them to help you receive an even better deal than what is offered at first.
When discussing a plea agreement, be sure you don’t say anything to the prosecution that may be seen as an admission of guilt. What you say during the negotiation of a plea deal can (and will) be used against you if your case happens to go to trial. This is one of the most important reasons to let your DUI attorney handle negotiations for you.
Avoid telling the prosecution anything about the defense strategy that you have created. They may try to convince you to reveal something by making promises of a great offer; however, you should never let them know how your attorney will defend against the prosecution’s case.
Generally, it is best to leave all the negotiations and discussions to your attorney.
There’s no way to know if accepting a plea deal for your DUI charge is good. That’s because each case is unique.
Our experienced attorneys can review the charges you are facing, search for any loopholes or weaknesses in the case against you and determine if it may be possible to have the DUI charge dismissed or even have your case acquitted.
If we believe we can fight successfully against the prosecution’s case, then it may be smart to turn down the plea agreement. However, if the prosecution has the needed evidence to secure a conviction, negotiating the plea agreement is smart.
If you face a DUI charge in Denver, reach out to us today. Our team is ready and able to help you with your tu and provide you with knowledgeable advice and guidance along the way.