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When you are charged with a DUI, reckless driving, or another traffic offense with far-reaching consequences, one of your first instincts may be to accept any plea deal the prosecutor offers. But is that always the right idea? Keep reading to learn more about plea bargains.
Know Why Prosecutors Offer Plea Bargains
When you understand why prosecutors offer plea bargains, you understand their intentions and whether taking the bargain is the best option. You can discuss the plea bargain with your attorney to determine if the plea bargain is in your best interest.
Prosecutors offer plea bargains for many reasons, including the fact that jails and prisons are largely overcrowded and plea bargains often offer reduced sentence time. Additionally, the calendars for prosecutors and courtrooms is very busy, and small cases can clog the system. Prosecutors may hope to clear up as many cases as possible.
Another reason why a prosecutor may offer a plea bargain is to ensure a conviction. The prosecutor may not feel confident about taking the case to court, but if you agree to a plea bargain, that conviction is a guarantee.
Know Why a Plea Bargain Might Be Good for You
You must know when the plea bargain works in your favor. For example, you might take a plea bargain if you feel better about having a secure outcome. You may feel anxious and stressed out about the unknown outcome of trial, but a plea bargain gives you a certain outcome.
Your attorney may also recommend you take a plea bargain if evidence that emerges during trial could reveal something more damning than the charges you currently face. In some cases, the evidence may damage your reputation, even if it does not show you are guilty of a crime.
Based on your criminal background, a plea bargain may provide the most lenient sentencing. If you take a plea bargain, you may be charged with a lesser offense than the charges you originally faced and would then face in court if you take your case to trial. Rather than facing mandatory jail time, you could face probation or a fine.
Know Why a Plea Bargain Might Not Be Good for You
Of course, you will also come across scenarios in which a plea bargain is not in your best interest. For example, not all cases can be bargained down from the original charges. If you have multiple DUI convictions in your past, you may not be able to plea down. In other situations, a judge may not be willing to sign off on the plea bargain.
Additionally, many people simply do not want to accept a plea bargain if they did not commit a crime. After all, the plea will appear as a conviction on your record. If your criminal history is currently a blank slate, you may not want to add something to it unnecessarily.
Know the Best Way to Learn About Your Options
Speaking with an attorney is typically the best way to determine if a plea bargain is in your best interest. Criminal defense and traffic law attorneys have seen cases just like yours day after day, and they know how to work with prosecutors to ensure you are treated fairly and in accordance with the law.
Tolbert & Tolbert, LLP Attorneys at Law is knowledgeable and understanding about not only plea bargains, but also the necessity to take your case to trial. Regardless of what you want to do with your case, you should speak with a criminal defense attorney who understands traffic offenses. Call our office today to speak with a member of our team who understands the local plea bargain process.
Legal Disclaimer: This website is not intended to serve as legal advice. Please contact an attorney for advice to discuss the specific facts regarding your individual situation. Contacting our firm or reading the materials posted on this website does not create an attorney-client relationship. While we encourage you to contact us, please refrain from sending confidential information until an attorney-client relationship has been established. While we are proud of our past results, they cannot predict or guarantee similar future outcomes.