Should I take a plea bargain for DUI?
Plea negotiations offer an opportunity to reduce the possible penalties that could result from a conviction at trial. Plea deals also reduce the time a defendant has to spend in court dealing with a DUI charge. A plea deal is essentially a compromise that benefits the government and defendants.
When can a judge refuse a plea bargain?
A judge generally cannot wipe out a plea agreement after they have accepted it and entered the conviction. There may be an exception if the agreement requires the defendant to meet certain future conditions.
Who decides if a plea bargain will be entered into?
Who Decides Whether to Accept the Plea? The decision about whether to accept the plea bargain ultimately rests with the client. For practical purposes, however, defense counsel often urge defendants to accept deals, convincing them they’ll get a much harsher sentence if they go to trial (and they’re often right).
Can DUI be reduced?
The only way for a charge of DUI or DWI to be dropped is for the state prosecutor to reduce the DUI charges against the individual and charge them with a new, lesser offense. This must be done before the prosecutor presents the case against the individual during a court hearing in front of a judge.
What is the difference between a DUI and a wet reckless?
A wet reckless generally involves less jail time than a DUI. The difference is especially notable when the defendant has one or more “priorable” offenses on his or her record. Wet reckless counts as a DUI for purposes of determining prior offenses.
What is a lesser DUI?
“Wet reckless driving” is a lesser charge than DUI, and in some cases a DUI charge can be reduced to a wet reckless. This is generally a good thing, and a huge victory for your case—the penalties are substantially less. But wet reckless is still a serious charge.
Should I take the first plea bargain?
If your “first plea offer” is a non-plea offer or an unreasonable plea offer, you should probably reject it – but – you must reject it with the understanding that you are going to trial. Maybe a better plea offer or even a dismissal happens before trial, but, if it does not, you are going to trial…
How long does it take for a DUI to come off your record in Texas?
TWO to FIVE years