Wednesday, August 7, 2013

DUI Plea Bargains in Florida

Dealing with a DUI charge in Florida is challenging and time consuming if you do not have the right criminal defense lawyer to help you with the complexities of the law. When you are stopped and arrested for DUI, there are different ways to deal with the charge. Take note however that it is very difficult to negotiate with the prosecution on your own without the help of a criminal lawyer. The choices for you are related to court pleas.

There are courts in Florida that allow plea options as a means to solve the backlog of cases to a minimum. This also mean that so some of the plea options will make the state save on the cost of sending an offender to prison by providing alternative penalties. These plea arrangements also make the state collect money from the offender while he or she is placed on probation. Plea bargaining usually takes place for DUI offenders.

A plea bargain is an agreement struck between you and the prosecutor of the case. In this type of agreement, you agree to forego your right to a jury trial in exchange to the prosecutor agreeing to reduce the charges or agreeing to a reduction of penalties that may be given to you. There is a limitation on plea bargains which are the mandatory minimum penalties a judge may impose regardless of what the agreement of the prosecutor and defense lawyer is. Therefore, it is important to have a legal guidance when you want to negotiate for plea bargains.

Plea Bargains and Mandatory Minimum Penalties

The best bargaining chip when you want to seek a plea bargain is to have a strong and experienced DUI lawyer to challenge the case of the state in trial. If your lawyer sees in the evidence a substantial weakness in the case of the state, the lawyer may point this out to the prosecutor and likely receive a favorable condition. For example, if there is a mistake in the administration of the breath analyzer test, this may lead to a plea bargain reducing a DUI charge to reckless driving.

The most favorable way to plea bargain a DUI is reduction of charges. The reason is that the prosecutor does not have much room to deal in a DUI charge because of the mandatory minimum penalties set by law. The key to have a successful plea bargaining for DUI is having the right DUI lawyer by your side.

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