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What Is A Plea Bargain In A California DUI Case?

Posted by Ronald D. Hedding | Jun 17, 2019

DUI Legal Penalties

A plea bargain, as it relates to a DUI case in Los Angeles, means that you and your attorney agree to settle the case with the prosecutor or judge to take advantage of a deal that has been offered to you.

Usually, when the prosecutors offer to settle a DUI case, they tell the attorney that if the client agrees to plead guilty or no contest to a certain charge or charges, they will recommend to the judge that a particular sentence is appropriate. In most circumstances, if the two sides agree to a specific resolution, then the judge will go along with it and sentence the defendant accordingly. If the judge does not agree to the proposed solution, the defendant would be entitled to withdraw their guilty or no contest plea.

Sentences in DUI cases usually include a fine, alcohol program, and a probationary period. There are other penalties like jail, community service, cal trans, anonymous alcohol classes, and a host of other punishments that apply to particular cases.

Even though DUI cases are typically not very complicated, they carry consequences that can be life-altering. This is why I always suggest that if a person is charged with a DUI, they get into to see a savvy DUI defense attorney who has handled cases like theirs's in the court where it is pending and let them guide you through the process. Going with an inexperienced attorney is usually not a good idea and can lead to severe unnecessary consequences.

Because the prosecutors are people and subject to emotional reactions to cases, it is always best to make sure that your defense attorney is familiar with the system you find yourself in, so they can navigate you through any pitfalls that may come up along the way.

Can Judges Offer a Plea Bargain?

In most courts in Los Angeles County, it is the prosecutor who offers the deals to settle DUI cases. The judge will deal with any probation violations after the deal is done. However, if a defense attorney feels that the prosecutor's offer to their client is unfair, the defense attorney can ask the judge what they will offer if the client agrees to plead guilty or no contest.

The judge can agree to make an offer or defer to the prosecutor and refuse to make an offer less than they are offering. This is something that is up to the particular judge and is not always cut and dry.

In my experience, many judges will undercut the prosecutors and offer better deals. This depends on the court and the particular judge's disposition. One downside to this strategy is that the judge can only control the punishment, not the actual charges.

Therefore, if a client does not want the separate charge on their record, the negotiation will have to occur with the prosecuting agency. In a scenario where a particular prosecutor will not budget, the next step would be to go up the chain of command and talk to one of their superiors.

Of course, this strategy should only be employed if the defense attorney knows the system and is familiar with the potential ramifications of making such a move.

Long story short, if you find yourself facing a DUI, then you should hire a solid, experienced attorney. At the first meeting with the client, the primary goals are to give them peace of mind and help them take some control of the situation back.

We talk about what they are facing and what they can do on their end to assist me in achieving a result for them that they can live with. No one wants to deal with a DUI case, but if you do have to, you should do it once, do it right, and never do it again!

About the Author

Ronald D. Hedding

What Makes Ronald Hedding Uniquely Qualified To Represent You? I've been practicing criminal defense for almost 30 years and have handled thousands of cases, including all types of state and federal sex crime cases. All consultations are discreet and confidential.

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