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Criminal and DUI Defense
San Francisco Bay Area,
California DUI
How do you get a good plea bargain in your California DUI or San Francisco DUI Bay Area case?
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.
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DUI Criminal Defense
Lawyer - Senior Jury Trial
Lawyer DUI Attorney, Author & Web Publisher
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3200 Geary
Boulevard,
2nd Floor
San
Francisco, California 94118
Map
to Office
(415)
750-4350
(800) 763-7171
Phone for Free
Consultation
Use this email CONTACT FORM
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Spirit of the Law or
Letter of the Law?
Another reason for plea bargaining is simple - we want the punishment
to fit the crime and the person charged with the crime - some people
get better deals - this has always been the way in our justice system.
There is hope in all cases for a successful plea bargain - this is
because it saves lots of money and court room time - and it goes on all
the time because the spirit of the law is more important than the
letter of the law.
Courthouses that enforce the letter of the law have huge trial
calendars and bench warrant rolls - courthouses fair to defendants
don't simply because of the perceived fairness by the defendant
and their families.
Don't forget the power of the public though - if your case is known by
the general public in your community, you may get different treatment.
Should your case have television and radio coverage, you'll be faced
with a prosecution team out for the kill rather than out to give you a
fair plea bargain - talk to a lawyer about your case right away.
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Wet Reckless or better?
California Vehicle Code §23103 pursuant to §23103.5 gives a
defendant a plea bargain of an alcohol related reckless driving - or
"wet reckless."
Other reduced DUI charges can include other offers - "dry" reckless,
speed contest, exhibition of speed, regular traffic convictions (1
pointers), and other outcomes.
A wet reckless can be a terrific plea bargain for the right case - at
other times, it is simple the worst thing you can accept - basically a
wet reckless is a DUI conviction without jail usually. It is still 2
points on your drivers license record, it is a prior DUI conviction if
you get a new charge, it is a misdemeanor conviction on your FBI and
DOJ record, and your insurance company will still treat you like you
have a DUI on your record.
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San Francisco Bay
Area Plea Bargains