Getting a DUI is one of the worst things that can happen to a driver. This is because, with a DUI conviction, an individual may lose their license or possibly be imprisoned for a period of time. Yet, it is possible to get out of this situation. What if you could get away with less serious charges than you had anticipated? In this case, you would have the best chance of pursuing that option through a plea deal.
If you decide to take a plea deal, this is what you need to know.
The Driver’s Rights
There are a number of rights that drivers in North Carolina are entitled to, and these can vary depending on the situation. Generally, however, drivers have the right to due process under the law, which includes being informed of the charges against them and having the opportunity to challenge those charges. Drivers also have the right to remain silent, and they cannot be forced to incriminate themselves. DUI suspects also have the right to an attorney, and to have an attorney present during questioning.
The Prosecutor’s Role: What Factors Does the Prosecutor Consider When Filing a DUI?
Prosecutors have a number of factors to consider when filing for DUI cases, including the severity of the damages caused (if any), the defendant's DUI history, and the strength of the evidence against the defendant. Prosecutors also often capitalize their cases on how likely it is for the DUI defendant to re-offend.
The Judge’s Role: What Is the Judge Looking for When Considering a DUI Plea Deal?
When considering a DUI plea deal, a judge is looking for evidence that the defendant understands the consequences of their actions and is taking responsibility for them. Apart from that, the judge will also most likely consider the following factors:
The defendant's criminal history;
The severity of the DUI charge;
The impact the DUI has had on others;
The evidence against the defendant;
The defendant's willingness to plead guilty;
The prosecutor's willingness to offer a plea deal;
The judge's discretion in accepting or rejecting a plea deal.
The Defense Attorney’s Role in a DUI Plea Deal
The role of the defense attorney in a DUI plea deal is to ensure that the defendant's rights are protected and to negotiate the best possible outcome for the client. This may include negotiating a reduced charge or a sentence that is less harsh than what the prosecution is offering. The defense attorney also has the responsibility of ensuring that the defendant understands the consequences of their plea deal, and that they are making an informed decision.
The Consequences of a DUI Plea Deal
One of the most common types of plea deals is a plea bargain in which the defendant agrees to plead guilty to a DUI in exchange for a reduced sentence. Pleading guilty may imply that you understand your actions, and that you are sorry for them. For a DUI, that might mean avoiding jail time, decreasing penalties, and shortening the suspension of your driving privileges.
Coastal South Law
If you want a good bargain on your DUI case, you need to have a good lawyer on your side who knows how to navigate the system. The attorneys at Coastal South Law can save you both time and money. We know the law inside out, and our criminal defense team has successfully defended clients in similar situations.
Get in touch with us today to find out what the next steps are.