Over 30 Years Of Experience In Traffic And DWI Casess DUI DWI Criminal Cases Blood Alcohol Levels Urine Tests Field Sobriety Tests Test Refusals Court Hearings Felony Arrests

Fill Out Your Info Here And Click Submit: Name: Phone: Email: Legal Help Needed: Enter The Text From Image Shown For Your Security:    Your privacy is guaranteed. I will never give, lease or sell your personal information. (cookies must be on for this form to process)

Should You Plea Bargain

DWI Attorney New York City: Should You Plea Bargain?

That depends: Are you a gambler or do you feel the need for certainty?

The vast majority of criminal cases and more specifically, drunk driving cases, end in some type of guilty plea being entered. Some estimates indicate that at most 10% will actually go to trial. A trial should be a last resort and only undertaken if you have a solid defense and are willing to accept a harsher sentence should a trial go against you.

The worst decision you can make is to go to trial for no other reason than to put the prosecutor to his burden of proof despite your not having a reasonable defense to the charge. In that case, if you are convicted, no doubt a Judge will impose a harsher sentence than if you had plead guilty. This of course is an unspoken policy, yet it exists and must be taken into consideration.

On the other hand, a plea bargain permits you to bargain not only for a lesser charge but also to bargain for the exact sentence you will receive. For example, in many situations upon a plea of guilty, a Judge will commit to a sentence of "no jail time." However, upon conviction after a trial, no such commitment will be given.

It is my job to know, understand and explain the attitudes, prejudices and unique characteristics of the particular Judge sitting in your case so you can make an informed decision. That is an extremely important consideration when choosing an attorney. An attorney must not only be experienced in handling the facts of your particular case, but must also know the court system in the particular jurisdiction you case is pending as well as the personalities of the Judge assigned to your case. Practicing in Westchester and surrounding counties for over 30 years has given me a unique and personal knowledge of the local courts and all of their personnel.

Example of a plea bargain decision in a DWI case:

Client was observed by a Police Officer leaving a bar at 3:00 a.m. and walking to his automobile. It was a cold January night. Client entered his car, started the engine but did not place it in gear or move the vehicle. The Police Officer, believing he was about to drive away, approached and after observing client in an apparent intoxicated condition, placed him under arrest charging him with DWI.

Client insisted he had no intention of driving home or otherwise operating his vehicle but intended to remain in his vehicle to "sleep it off," and that he only turned on the engine to keep warm.

Because it was client's first offense he was offered a plea to a lesser charge, the violation of driving while ability is impaired, and permitted to obtain a conditional license and simply pay a fine. His decision: whether to accept the plea bargain or roll the dice on a jury trial and if convicted, face a criminal record, loss of his license and the possibility of jail time. What would you do?

Have you recently been pulled over for speeding? If you need a Lawyer, have any legal questions or you feel your rights have been violated send me an email.