Your DUI case can be resolved through a plea bargain, at trial, or if the charges are dismissed entirely.
If you have been arrested for a DUI in California, you are not yet guilty of anything; you are still entitled to the presumption of innocence. The prosecution must still prove its case against you, which means demonstrating beyond a reasonable doubt that (1) you drove a vehicle (2) while intoxicated, and were unable to exercise the care of a sober person in a similar situation.
After your arrest, you may be uncertain about your options for resolving your DUI case. There are three primary ways that a case can be resolved: you agree to a plea bargain, often for a reduced charge or reduced punishment, you go to trial and are found either guilty or not guilty, or the charges are reduced. Hiring a skilled DUI lawyer in Rancho Cucamonga, CA can help you achieve the best possible outcome for your case — however it is resolved. Here is a look at the various options for resolving your California DUI Case.
Plea Bargains
A plea bargain or deal is an agreement between the prosecution and a defendant in a case where a person agrees to plead guilty to a crime in exchange for a certain sentence. In many cases, the prosecution may be willing to agree to reduced charges or a lower sentence — but that is not always the case.
An initial offer is usually made by the prosecutor at a defendant’s arraignment (where you are informed of the charges against you and given an opportunity to plead guilty or not guilty). This offer is usually not favorable; it may even be a harsher sentence than what you would get if you were found guilty at trial. The prosecutor may rely on the fact that most non-attorneys don’t know what the typical punishment for a California DUI is — and if a defendant is not represented by a knowledgeable lawyer, he or she may just accept the deal to get the case resolved and move forward with your life.
A seasoned DUI lawyer in Rancho Cucamonga, CA can ensure that any plea bargain that you accept is a good one. He or she will know whether the offer is favorable — and what your chances of success are at trial. Your attorney can use his knowledge and experience to negotiate with the prosecutor and make a case for why you deserve a lower sentence or reduced charges. In most cases, DUI charges can be resolved through plea bargains, and with the help of a skilled DUI defense attorney, you can get the best possible deal for your case.
Going to Trial
In some situations, a plea bargain is simply not possible. Perhaps the prosecutor is standing firm on an unfavorable offer, or maybe the two sides simply cannot reach an agreement about the terms of a deal. In these cases, your DUI lawyer in Rancho Cucamonga, CA may advise going to trial. This is particularly true when you have a strong defense to the charges and the prosecutor is not willing to reduce or dismiss the charges.
At trial, both the prosecution and the defense will have the opportunity to present evidence, cross examine witnesses and give opening and closing statements. A jury will then issue a verdict of either guilty or not guilty. If you are found guilty, then the judge will impose a sentence. If you are found not guilty, then you are free to go — without a criminal conviction on your record.
Dismissal of Charges
While a complete dismissal of DUI charges is rare, it is possible — particularly if your DUI lawyer in Rancho Cucamonga, CA can demonstrate that the results of a chemical test were inaccurate or that the police violated the law or procedure in stopping you or investigating the charges. The key to obtaining a dismissal of California DUI charges is having a skilled defense attorney on your team. He or she can analyze the facts of your case, gather evidence, and develop legal strategies designed to show the prosecution that it cannot win the case against you. Your lawyer can also file a motion with the court asking it to dismiss the charges.
If you have been charged with a DUI in California, know that you are not alone. The Chambers Law Firm will aggressively defend you against a DUI charge and will work hard to ensure that you get the best possible outcome for your case. Contact our office today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
