12.13.2009

Seattle Criminal Attorney | Plea Bargaining

The most horrible case scenario has happened. You went to that birthday social gathering last weekend in downtown Seattle that you knew was going to end up being crazy (free drinks will do that to you). You contemplated securing a ride to and from the party, however in the end decided it was extremely problematic to pay for a taxicab. On the road home to Seattle, it occurred. A Seattle police officer pulled you over and in the end seized you for Seattle driving under the influence. You've retained a Seattle DUI attorney however are concerned concerning how everything is going to turn out.

If you've been watching Law and Order, Boston Legal, Murphy Brown, or several of the other legal programs on television, or if you've spoken to anyone that has had legal difficulty before, then you understand a little bit about how the route works. First, your Seattle DUI lawyer is going to (or ought to) undertake an in-depth look at your situation, including the police reports, several video that exists, and questioning some witnesses that may be present. Second, they are going to have you obtain an alcohol valuation, which, depending on what it states, will have an consequence on the course of the plea negotiations. Following that, they'll phone up the prosecutor and see what they can work out.

But what are the options? What is likely? From the very beginning it is crucial to understand that Washington DUI laws (and drunk driving laws across the country) are some of the most stringent when it comes to plea bargaining. No lawmaker wants to be responsible for releasing a drunk driver who goes out and drives drunk once more and causes harm (even though individuals can drive devoid of a driver's license). This makes it pretty arduous to plea bargain with the prosecutor, especially to get a driving under the influence charge reduced to something lesser. But there are some options. previously I get on track, it is essential to bear in mind that the judge doesn't have to accept a plea bargain. The court can always impose their own penalty.

Firstly, it may be achievable to persuade the prosecutor to prosecute your driving under the influence as a to begin with drunk driving even though you have a prior infraction in the preceding 7 years. This allows your Seattle drunk driving lawyer to get a reduced sentence, reduced fines, and reduced driver's license suspension (though this will frequently not influence the administrative driver's license suspension because they work independently of the prosecutor's office).

Second, it may be likely to get several of the accompanying accusations dismissed. If you were pulled over for a cracked tail light, this may not seem like much. But if your drunk driving charge is accompanied with leaving the scene of an crash, fleeing and alluding, or something comparable, getting those dismissed can be a satisfactory outcome.

Third, in several instances, when the prosecutor's state of affairs is relatively weak, you may be able to plead down the driving under the influence to reckless driving. This is beneficial since it reduces the driving suspension, there is no mandatory jail time, and there is no ignition interlock requirement. It will require the high risk insurance, but if your license has already been suspended administratively, you need to have that anyhow. If you can get negligent driving 1st degree, you don't even have to have the high risk insurance, and many insurers treat it as a couple of speeding tickets, if they notice it at all.

In some happening, if you want to get the greatest deal, you've got to find a driving under the influence attorney in Seattle that is honorable, honest, and has a fine reputation at the prosecutor's office (for being a straight shooter, not necessarily someone the prosecutor likes). If your Seattle DUI attorney brags regarding pulling one over on the prosecutor's office, you can expect that either the prosecutor is going to see through it, or the criminal lawyer in Seattle has done it earlier, and you are not going to be aided because of it. Lawyering is an art and a science, but if you don't have trustworthiness, you won't get that much desired benefit of the doubt. It could result in a much harsher sentence than was initially possible.

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