Being pulled over and charged with driving under the influence (DUI) in Las Vegas can be scary and overwhelming. What consequences will you face and how will it affect your life and family? It is important to remember that you have rights and legal options, and may benefit from an essential part of the criminal justice system: A plea bargain.
Skilled Las Vegas DUI lawyers can build a strong case and negotiate a plea deal to reduce charges and help you move forward with your life. Here is what you need to know about plea bargains in DUI cases.
What Is a Plea Bargain?
Essentially, a plea bargain or plea deal is an agreement between the prosecution and defendant. Plea bargains happen when both parties agree that the defendant will plead guilty or “no contest” to their charge or a lesser offense in exchange for leniency or concessions. Plea deals are negotiated and reached prior to the trial date.
What Are the Benefits of Plea Deals?
Plea bargains are often beneficial arrangements for both the defendant and the prosecution for several reasons.
For the person facing the DUI charge, plea agreements offer:
- A quicker resolution than if the case went to trial
- Lower legal costs and time away from work
- Outcome certainty rather than facing unpredictable trial results
- Reduced charges or lighter sentencing
- Avoiding the embarrassment or scrutiny of a public trial
The prosecution and judicial system can also benefit from plea bargaining. Reasons include:
- Reducing the number of cases the prosecutor is handling
- Freeing up court resources for other cases
- Improved conviction rates for prosecutors
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What Are the Steps of Plea Bargaining?
An experienced criminal defense attorney will use evidence to advocate for your rights and reach a favorable plea deal on your behalf. Here is what happens during the plea bargaining process.
Prosecutor Reviews the Case
First, the prosecution will evaluate the case, carefully considering the evidence, facts, and circumstances surrounding the DUI charge. This is a crucial step that tells the prosecutor how strong their case may be.
Negotiations
If the prosecutor knows it will be a complicated or lengthy process to prove the DUI charge beyond a reasonable doubt, they will be open to negotiating a plea bargain. The DUI defense attorney and prosecutor discuss the case and use leverage to reach a deal. This step may involve several offers, and counter offers before finalizing an agreement.
Agreeing to a Plea Deal
The defense attorney presents the plea deal to the client to review the details, expectations, and how it will affect them. From there, the defendant will decide whether to accept the plea bargain.
Court Approval
If the defendant agrees to the plea bargain, the court typically must approve the arrangement before the plea hearing. The prosecution will make a recommendation to the judge according to the negotiated deal.
Pleading Guilty or No Contest
At the plea hearing, the defendant stands before the judge in court and pleads guilty or no contest per the plea agreement.
Judge Sentencing
Lastly, the defendant appears in court for a sentencing hearing. The judge will deliver the sentencing that usually aligns with the plea agreement. However, the judge can make modifications based on their discretion.
What Is a “No Contest” Plea?
A defendant will plead “no contest” when agreeing to a plea deal without admitting guilt. While pleading no contest is not an admission of guilt, it is an admission that the evidence may be enough to prove guilt if the case goes to trial.
A no-contest plea means the defendant gives up the right to a trial. However, pleading no contest cannot be used as evidence against the defendant in civil actions.
RELATED: Can a DUI Lead to Criminal Charges and a Civil Case at the Same Time?
Are Plea Bargains Possible in Felony DUI Cases?
Yes, plea deals are possible in cases of felony DUI charges in Nevada. This means that your felony DUI could be reduced if the prosecution’s case is relatively weak or there is insufficient evidence. A DUI lawyer may be able to reduce the charge to felony reckless driving.
How Can I Get a Plea Deal if I Was Charged with DUI in Las Vegas?
After being charged with driving under the influence in Las Vegas, contact a Las Vegas DUI lawyer as soon as possible. Your attorney can negotiate a plea deal by challenging evidence and finding holes in the prosecution’s case, such as:
- Questioning field sobriety test outcomes
- Challenging the accuracy of breath or blood tests
- Showing that you have a good driving record
Should I Accept a Plea Deal for a Las Vegas DUI?
Ultimately, it is your decision whether to either accept or deny a plea bargain. While your attorney can guide and support you with professional legal advice, you must decide what is best for yourself and your family. Remember, about 95 percent of all state criminal cases are resolved through plea deals.
Going through a trial can be arduous, stressful, and financially taxing. However, if you are not offered a fair plea deal and you want to fight for your rights, the team at DUI Lawyers of Las Vegas has the skills, knowledge, and resources to represent you in court.
Work With an Experienced Criminal Defense Attorney in Las Vegas
At DUI Lawyers of Las Vegas, we understand that the justice system can be intimidating and confusing for people arrested for DUI. If you or a loved one finds yourself in this situation and are unsure where to turn, our passionate Las Vegas DUI attorneys are ready to stand by your side and represent you every step of the way.
If you want to learn more about our legal services and how we can help you secure a fair plea bargain for your case, contact us to schedule a free consultation today. We have decades of experience helping people just like you throughout Las Vegas and southern Nevada.