Albany DUI PLea Bargain Options
A Detailed Description of a Albany DUI Plea Deal
DUI or driving under influence is a criminal offense in Albany, California. The punishments are severe if an accused is proven to be guilty of impaired driving, drinking and driving or driving under influence of alcohol, drugs or marijuana among other intoxicating substances. DUI plea bargains are deemed useful when the case is considered to be unwinnable. An accused should not initiate a plea bargain or even consider it without adequate legal counsel. Appoint a DUI lawyer in Albany to explore if you should at all consider a plea bargain.
Introduction to DUI Plea Bargains in Albany
DUI plea bargains are a deal between the defense and the prosecution. The defendant is represented by the DUI defense lawyer and the prosecution including the law enforcement is represented by the prosecutor. A plea bargain is an arrangement wherein the prosecution drops the serious charge of driving under influence to a lesser crime to which the defendant pleads guilty. There are two stands a defendant can take at the outset, to plead guilty or to plead not guilty. If an accused pleads not guilty, then the case goes to trial. If an accused enters into a plea bargain, then the case may not go to trial and it is possible to know what the sentence will be depending on the reduced or lesser crime.
DUI plea bargains always involve a charge reduction. The original driving under the influence is a criminal offense but drunk in public, drinking in a car but not driving, other kinds of impairment or causing nuisance such as speeding but not while being intoxicated are also not permitted by law but the acts draw much more lenient punishments. It is possible to enter DUI plea bargains wherein the accused gets relief with just a ticket. The decision to whether or not to consider DUI plea bargains depends entirely on the case and its merits, in favor of and against the defendant. Only a trained and experienced DUI lawyer in Albany can effectively assess the necessity and utility of a plea bargain.
Negotiating DUI Plea Bargains in Albany, California
DUI plea bargains become necessary for either the defense or the prosecution in certain circumstances. The best DUI lawyers in Albany will always aim for acquittal so the defendant gets relieved of all charges and is proven to be innocent. There are cases when a trial is not the wisest of options. The case could be strongly in favor of the prosecution. Not only shall a trial risk the possibility of the defendant being proven guilty but there are financial costs involved to complete the process. A verdict and severe sentencing can be cumbersome for the defendant. The quest for acquittal is an unwise option in such cases. DUI plea bargains are the best way out.
DUI plea bargains are initiated by the defense and at times by the prosecution. The prosecutor will never initiate a plea bargain if there is a strong case against the defendant. Prosecution will take the first step if there is limited evidence or loopholes in their argument. DUI defense lawyers in Albany with unmatched expertise in this area of law can prove to the prosecution or at least sow the seeds of reasonable doubt that their arguments will be effectively countered and this may set the possible plea bargain in motion.
DUI plea bargains in Albany may be simple or hard to negotiate. The complexity depends on the merits of the case. Most prosecutors will agree to reduce the charges if they do not have convincing evidence. The rest is on the negotiating skills of DUI defense lawyers in Albany. This is why you must hire the most reliable, deft and astute defense trial lawyer for your case.
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Entering into a DUI Plea Bargain in Albany, California
There are different types of DUI plea bargains. It is possible to get the entire case dismissed even before it reaches the stage of trial. A really weak case will compel prosecutors to drop the charges. Reasonable doubt is the most suitable ground for plea bargains. These are the kinds of DUI plea bargains you can consider.
- A Wet Reckless DUI plea bargain is quite common. It requires the defendant to plead guilty of reckless driving while being intoxicated or under the influence of alcohol but not to the extreme. There will be no mention of the quantum of alcohol present in the blood.
- A Dry Reckless DUI plea bargain eliminates alcohol, drugs or marijuana from the case. It simply means a defendant is pleading guilty to reckless driving. This is a favorable plea bargain as there is no criminal record of DUI.
- Exhibition of Speed is another useful plea bargain. There is no mention of alcohol, drugs or marijuana among other substances. There is no mention of reckless driving or impairment. Only speeding is the crime, which is not a criminal offense.
- Drunk in Public is also a suitable plea bargain but not that common. A DUI charge can be diluted to drunk in public but the prosecution should have some evidence to link the defendant to driving for the original charge, in the absence of which there is no need for a plea bargain as the case will get dismissed with a proper defense.
- The fifth type of plea bargain is Drinking Alcohol in Vehicle. This is useful when the prosecution is not sure in terms of evidence if the defendant was indeed driving or was impaired.
How to Enter into a Albany DUI Plea Bargain
Appoint the best DUI lawyers to consider the most suitable plea bargains, if at all. DUI cases can be successfully fought, argued and won so a plea bargain is not always necessary. Only unwinnable cases warrant DUI plea bargains.
Albany DUI Defense Attorney
