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 prosecutors offer to settle a DUI case, they inform the attorney that if the client agrees to plead guilty or no contest to a specific charge or charges, they will recommend to the judge a particular sentence. In most circumstances, if the two sides agree on a specific resolution, the judge will adhere to 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, an alcohol program, and a probationary period. There are other penalties, such as jail, community service, Caltrans, and anonymous alcohol classes, among 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 consult a savvy DUI defense attorney who has handled cases like theirs in the court where it's pending and let them guide you through the process. Hiring an inexperienced attorney is generally a bad idea and can lead to severe, unnecessary consequences. However, with the right attorney, there is always hope for a more favorable outcome, underscoring the importance of making the right choice in this critical situation.
Because the prosecutors are people and subject to emotional reactions to cases, it is always best to make sure that your defense attorney is not only familiar with the system you find yourself in but also capable of guiding you through any pitfalls that may come up along the way. This understanding and preparation are crucial for your peace of mind and confidence in the process.
Can Judges Offer a Plea Bargain?
In most courts in Los Angeles County, it's the prosecutor who offers deals to settle DUI cases. The judge steps in to address any probation violations after the deal is finalized. However, if a defense attorney believes the prosecutor's offer to their client is unfair, they can request the judge to propose what the prosecutor would offer if the client agrees to plead guilty or no contest. The defense attorney's role is pivotal in ensuring the client receives a fair deal, reinforcing their commitment to the case.
The judge can agree to make an offer or defer to the prosecutor and refuse to make an offer that is less than what the prosecutor is offering. This is something that is up to the particular judge and is not always straightforward.
In my experience, many judges will often undercut prosecutors and offer more favorable deals. This can be a source of hope and optimism for your case, depending 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. This can be beneficial as it may lead to a more favorable outcome. However, in a scenario where a particular prosecutor will not provide a budget, the next step would be to escalate the issue up the chain of command and discuss it with one of their superiors. This can be risky as it may lead to a less favorable deal or even strain the relationship with the prosecutor.
Of course, this strategy should only be employed if the defense attorney is familiar with the system and understands the potential ramifications of making such a move.
In conclusion, if you find yourself facing a DUI, the most important step you can take is to hire a solid, experienced attorney. At the first meeting with the client, the primary goals are to provide them with peace of mind and help them regain control of the situation. With the right attorney by your side, you can navigate the legal process with confidence and reassurance.
We talk about what they are facing and what they can do to assist me in achieving a result 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!
