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Georgia DUI Plea-Bargaining
You may have heard the term “plea bargain” on TV or heard about it before, but what does it mean? A DUI plea bargain is where the government and the defendant make a specific arrangement. The DUI defendant will plead guilty, typically to a reduced charge. In exchange for this guilty plea, the government will not prosecute the defendant further.
This is a somewhat rare arrangement for DUI cases, but it may be appropriate for both the defendant and the government depending on the seriousness of the crime and the strength of the evidence.
Believe it or not, plea bargains are actually favored more by the courts than by defendants. For example, the government might feel their case is weak they are more willing to settle for a plea bargaining in order to clear the court's calendar. Plea bargains also allow the prosecution and the defense lawyers to control the charge result instead of having a judge or jury decide the defendant's fate.
Here's an example of a plea bargain:
The prosecuting attorney comes to the defendant and offers him a reduction in charges, such as from a straight DUI charge to a lesser charge of reckless driving. This is usual done if the defendant has an exemplary criminal record. If your case is likely to see a negative jury decision, you may be able to plea bargain to only have a DUI charge put on the record if circumstances permit.
Some states require that plea bargains be made during certain phases of the criminal process. Your attorney will be able to guide you through this should you opt for plea bargaining. He or she will know the correct time for plea bargaining.
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