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Josh wrote the book too. Now he writes the website for the CDLA.

Joshua Dale is the Executive Director and CFO of the California DUI Lawyers Association

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    Joshua M. Dale was awarded the 2008 California DUI Lawyers Association's "Fast Eddie" Kuwatch Award

     

    Wednesday
    Jan042012

    HOW DO YOU GET A GOOD PLEA BARGAIN?

    The whole idea of plea bargaining comes about because if there is a reasonable doubt as to your guilt in the case against you, you must be found not guilty by a judge or jury. Additionally, prosecutors hate to lose a case. So what you must do is maintain your case through a jury trial and make a jury decide if you are guilty or not. Currently, the State of California spends about $10,000.00 per day for a jury trial staff, so there is a good reason for a case to be plea bargained.

    Prosecutors often say they don't plea bargain certain crimes - sure they do - these cases are just swept under the proverbial carpet and no one hears much about them. But DUI attorneys who work in the local court house know about local practices. All cases can be plea bargained with one caveat.

    The judge can accept or reject a plea bargain.

    As the person charged, you have a choice if your offer to settle is rejected - that is press for trial or take their offer. If the facts of your case support your defense over the prosecutor's chances at winning you go to trial, If the prosecutor has charged you with many crimes, a California DUI lawyer can get into the case and figure out what their chances really are at winning.

    Prosecutors have changed since the good honest, only charge what the facts point out, kind of prosecutor existed. Nowadays, prosecutors are lead down primrose paths by groups against domestic violence, drunk driving, etc. Prosecutors now gage a case on whether they can convict rather than what they have reasonable doubts about in a case.

    Prosecutors face losing their job if they don't have a high enough conviction rate - just as DMV hearing officers do. So this is why you need a seasoned California DUI lawyer to help you.

    Only prosecutors have the option of dismissing charges (except judges occasionally have this power). Usually a prosecutor's recommendation is needed to get a case dismissed with the judge's agreement.

    Having a good California criminal defense DUI lawyer at your side is extremely important in serious cases - and cases where the prosecutor thinks you are wasting valuable court time because the case is strong against you. Judges often will go along with a more severe punishment where you didn't take the best offer previously - you cannot be punished for going to trial, but judges can get you back.

    If you have a California DUI attorney at your side, you let the judge know you going to trial - be careful! You could be facing worse punishment if you lose - only by having a recognized California drunk driving lawyer with you can you prevent making the wrong decision.

    Good luck on your case.