Being charged in Atlanta for a DUI is a stressful event for all concerned. Good people make mistakes and sometimes good police offers do to. Nobody should ever drink and drive, but if you find yourself being charged with an Atlanta DUI, there is info you should know.
It’s a near-certainty that anyone arrested for a Atlanta DUI will be approached by a prosecutor to make a deal — that is to plead in a certain manner to a certain offense, in return for some concessions. As a Former Prosecutor, I can tell you this is a common practice. You probably know it as plea bargaining. Here are 8 things you should know about the plea bargain process. As an Atlanta DUI and Criminal Defense Lawyer, never ever try and plea bargain. Let a professional qualified Lawyer help you.
1. There are many types of plea deals
Plea deals aren’t simply a matter of pleading guilty and getting a lesser sentence. They can come in many shapes and forms and often give the parties the freedom to negotiate an arrangement that satisfies everyone. Here are three ways that they are commonly shaped: (1) pleading guilty to a less-serious offense than you are charged with, (2) dismissal of one charge against you, in exchange for a guilty plea to another, or (3) agreeing to a sentence that will not involve a high fine or license suspension.
2. You can do the deal anywhere and any time
Your Atlanta DUI lawyer can approach the prosecutor at any point in the proceedings to make a deal. These discussions can be formal (you can even do it by phone) or sometimes the negotiations are mandated and formal – for example, “pretrial” or “settlement” conference in the judge’s chambers.
3. Remember: It’s a compromise
The prosecutor does not have to make a deal. Typically, the prosecutor is motivated by a desire to save court expenses and keep the court calendar free for other cases. But don’t go into negotiations with a Donald Trump attitude that it’s a winner take-all situation. You must compromise and the stronger the case against you, the more of a compromise you often must make. If you are represented by a good attorney, the attorney should be able to guide you in the art of balancing your desires against the prosecutor’s position.
4. On the other hand … don’t give it all up
Although it’s true you must compromise (see above), there’s no need to be bullied by a prosecutor into accepting a weak “take it or forget it” plea deal. If the prosecutor is playing the “intimidation” card, you should reconsider your options and consider saying “No.” A lawyer’s advice can help you through these more difficult negotiations.
5. Bad Strategy #1: Never show all your cards
Don’t be lulled into “laying everything on the table” – that is, explaining your strategy for fighting the citation to the prosecutor. If you don’t make a deal, the prosecutor will be hip to your defense.
6. Bad Strategy #2: Don’t say the “G” word
Don’t ever admit guilt during your negotiation with a prosecutor or police official before a deal is formalized. If you do, your admission can be used against you in court. For example, let’s say you talk to a prosecutor who says, “Off the record, you had a six-pack, right?” Never reply, “Sure, but I think that’s not enough for a DUI.” If you fail to make a deal, the prosecutor can simply go on the stand and testify to what you said. Far better to respond, “I don’t think you can prove that” and very briefly explain why. (But again, don’t reveal the details of your defense strategy.) This is why it’s so important to have representation. A good Lawyer knows what or how the Prosecution can “trap” you.
7. Never make a deal on trial day until you see the officer
If the police officer isn’t present, the judge will probably dismiss the case. Knowing that the officer isn’t going to make it, the prosecutor may propose a generous settlement immediately before court. Before going further, you should just ask the prosecutor if the officer is going to be present. Or, you could ask for a few minutes to think about any deal and, if the cop still hasn’t appeared, just say no. Again, this can be tricky. It’s best to have a Lawyer who can talk to the Prosecution on your behalf. The Prosecution will much more truthful to your Lawyer than to YOU.
8. Make sure the deal gets formalized
Once you, your Lawyer, and the prosecutor reach a verbal agreement, you both must appear before the judge where the prosecutor will explain the arrangement. The judge doesn’t have to accept the deal but usually does. If things don’t go as planned and the judge seems to be dictating different terms, ask to withdraw your plea and proceed to trial. This is where your Lawyer can speak up for you. They have years of experience and probably has been in front of your paticular Judge many times. Your Lawyer will tell you exactly what will happen and what to say in front of the Judge. This is where many people get in trouble. They speak without knowing, and end up in more trouble than the plea itself.
If you or someone you know has been arrested in Atlanta on a DUI Charge, please call us ASAP so we can guide you through the process. Contact the Howard Law Group.