This is a big question on many people's minds. Do they want their attorney to talk to the prosecutor about working out a deal related to their DUI charges pending against them in Los Angeles County?

For me, it's straightforward if the client has a good case that the prosecutors are going to have a hard time trying to prove, and the client pays me to do the trial.  This is so easy because I don't have to talk to the DA about the case.  I don't have to try to convince them to give a lesser charge or not put the client in jail, whatever the case may be.  It's just a matter of preparing the case for the trial to try to beat them.

I love these types of circumstances.  Unfortunately, better than 95% of cases are resolved through a plea bargain in Los Angeles county.  In other words, in most cases, if you're charged with a DUI (CALCRIM 2110), the prosecutors have the evidence, and really, what you're doing is just negotiating, trying to get a better deal.

Right from the beginning, I have the client come in and sit down, and we look at the evidence.  First, we will talk about the case when you decide whether to hire me.  You're going to give me all the information that you have.

I'll use my experience in that court and from handling thousands of DUIs over the last 26 years, but we won't have the other half of the puzzle. We won't have the police report before us when we have our first meeting.

We'll get that after the fact.  We can talk a bit about the case and start to strategize whether it's a case you want to fight or a case you want me to try to plea bargain, but we need to get that paperwork.

Once we have all the necessary paperwork, we can conduct a comprehensive review of your case. This will give us a clear understanding of its strengths and weaknesses, helping us determine whether it's a case worth fighting or one that we should try to resolve.

Deciding Whether It's Possible to Win Your Case

So, the answer to the question as to whether or not you should have your attorney try to plea bargain lies in, can you win your case?  If you can't win your case, then absolutely, your attorney will have to plea bargain for you; otherwise, you're going to go to trial, spend money, lose, and get a worse resolution than you would if you just had your attorney work things out.

If, on the other hand, they don't have the evidence against you or there's some problem with your case that is so bad that your attorney will be able to get it dismissed, then you don't have to worry about plea bargaining.  And then, of course, there are those cases right in the middle.

Usually, the cases that are right in the middle, a lot of times, the prosecutors will see the problems in their case, and your attorney will be able to work out a resolution that makes sense for you — whether it's a lesser charge, such as reckless driving, or some diversion program, like a DUI education program, depending on the circumstances of the case.

Once you've hired an attorney and shared all the information related to your case, including the paperwork, it's time to discuss and review it together. Remember, you've invested in the expertise of a DUI attorney for a reason. Let them guide you through the process, as they have the knowledge and experience to navigate the complexities of DUI cases. Trust in their expertise and let them lead the way.

If you feel in your gut that you didn't drink enough alcohol, for example, to be under the influence for purposes of a DUI — as long as you understand what that means — that you don't have to be drunk — you can't safely operate a motor vehicle. And you think that a jury will believe your version of events and find that you were safe on the road, then talk to your attorney about that.  You guys can work something out, and you can take the case to trial. Open communication is key in these situations.

Review of Mitigating Factors in Your DUI Case

But suppose, on the other hand, you realize that you did drink enough alcohol that there could be an argument where you couldn't safely operate a motor vehicle. In that case, you should talk to your DUI attorney about that and make sure that you make the right decisions moving forward on your case.

Once you've decided to plea bargain, it's important to provide your attorney with all the relevant information about your case, including any mitigating factors. Your attorney is there to support you and will work to secure the best possible resolution for you. Trust in their expertise and let them guide you through the process, providing the necessary information and making informed decisions along the way.

At times, the negotiation process can be a back-and-forth, a give-and-take. There are instances where the prosecutor will present an offer and say, 'This is what we can offer.  If you're not satisfied, take the case to trial.  ' This scenario is not uncommon. In such situations, your attorney will communicate the offer to you, and you will have to decide whether to accept it or proceed to trial. Your attorney will guide you through this decision-making process, ensuring you understand the potential outcomes of each choice.

Sometimes, you need more rope as far as negotiating goes, and then you have to come back to your client and say, here is the best we can get.  Either take that, or you're going to have to take your case to trial. You're not going to take your case to trial unless you can win it.  You don't want to go to crack unless you have a really good chance of winning.  That's something you and your attorney need to talk about and make the right decision.