Getting arrested for DUI in California disrupts your life in more ways than one. Whether you are innocent or guilty, however, you have a right to a defense. The criminal justice system, though flawed, offers options. Plea deals or plea bargains can be an option. The important thing if offered a plea deal is not to agree to anything without a good DUI defense attorney representing you. Plea deals can be great, but the prosecutor will only offer what favors them and not you.
At Berglund Law Office, P.C., our DUI defense attorney in Los Angeles will negotiate a plea deal and advise you on whether to accept it or not, depending on the deal itself and what your chances are of a dismissal or an acquittal. There is a lot that goes into plea deals, so contact us at (877) 667-1205 or submit our CONTACT form to schedule a consultation to discuss your case.
What is a Plea Deal?
In a plea deal, or plea bargain, the defendant agrees to plead guilty to a criminal charge in exchange for certain concessions from the prosecutor. For example, the prosecutor may seek a lesser sentence, reduce the seriousness of the charge, or withdraw some of the original charges.
By accepting a plea deal, your case won't go to trial. A plea deal is effectively a guilty plea and an acceptance of the allegations against you. Once a plea deal has been accepted and you enter a plea, the judge will then sentence you.
Types of Plea Deals
Plea deals really do not come in "types" but they can be categorized according to the concessions offered. Typically, these concessions in return for a guilty plea:
- Reduced number of charges
- Lesser sentence
- Downgraded offense
- Diversion program (not available in most DUI cases unless the defendant qualifies for military diversion)
A plea deal could involve other concessions too. Much of it depends on the circumstances. A DUI defense lawyer will be able to ensure the concessions fit and favor you. This also includes consequences, like no jail and less probation requirements.
Plea Deal Process in California
The plea deal process generally begins in the early part of a DUI case. The prosecutor weighs certain factors before offering a plea deal. These factors can include:
- The seriousness of the crime(s)
- The evidence (e.g., how much or little there is and the quality of it)
- Potential for recidivism -- how likely you are to re-offend
- Criminal history
A DUI defense attorney may even approach the prosecutor about a plea deal, and this could occur at any time, whether it's after charges are filed or a jury has begun deliberations.
Court Approval and Plea Agreements in California
A judge must approve a plea deal. Once you have reached an agreement with the prosecution, the judge hears the details of the deal. The judge will ask you to confirm you are entering the plea voluntarily.
The judge will also confirm you understand that your plea requires you to waive several constitutional rights, which include:
- The right against self-incrimination
- The right to a jury trial
- The right to confront witnesses
- The right to counsel (if you're unrepresented)
After hearing the details of the plea and asking you these questions, a judge may accept or reject the plea deal.
What to Consider before Accepting a Plea Deal in California
You should only accept a plea deal after receiving professional legal advice.
Facing a criminal charge can be stressful. So, it can be tempting to accept the first plea deal the prosecution offers you to put an end to the matter. But plea deals are a negotiation process and, with the help of our skilled DUI defense attorney in Los Angeles, you may be able to reach an agreement that's more favorable to you.
Once a judge has accepted a plea deal, it's very difficult to withdraw your guilty plea. There are limited circumstances in which you can do so, such as where you were coerced into it or where you were unrepresented and did not fully understand the consequences of your plea.
Knowing the pros and cons of the plea deal is probably the best way to consider whether you should accept or decline an agreement. Your DUI defense attorney should be able to lay these out for you in a way you understand, what the consequences are, and what the alternatives are. At Berglund Law Office, P.C., we will fight for the best possible outcome in your unique case.
Contact a DUI Defense Lawyer in Los Angeles Today
A plea deal is ultimately up to you to accept or not. If you are considering a plea deal, you should seek the assistance of an experienced DUI defense attorney by contacting Berglund Law Office, P.C. immediately.
Our Los Angeles DUI defense attorney will explain the process and consequences of the plea offer. We will assess the strengths of the prosecution's case against you and highlight any weaknesses during the negotiation of a plea deal. When a better deal is on the table, we will outline the pros and cons so that you make an informed decision. Contact us by using our online form or calling us at (877) 667-1205 to schedule a consultation.