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Should I take the plea bargain offered by the DA?
Anonymous2 views4 answers
I am under 19 years old and was arrested for a DUI, position of less than 1 oz if marijuana, drug paraphernalia and under age drinking/driving, speeding. The DA has offered a plea bargain to drop all but the DUI, 2 years supervised probation, 10 days jail time, serving 2 and 48+ community service, plus fines. Should I take it?
Do you really want a DUI conviction on your record? This NEVER comes off. Future employers will see it-- even 20 years from now. Find a local DUI attorney who will fight for your rights. I'm not saying hiring a DUI attorney guarantees your charges will be dropped or even reduced, but you should at least try. Pleading guilty does guarantee a DUI conviction.
My practice is generally along the front range and I can tell you that deferred sentences are rare. I am not too sure about the western slope.
As to whether you should take the plea...the only reason you should give up your rights including the presumption of innocence is when you are getting something significant in return. What isn't known is what evidence the prosecutor has that could be used against you at trial. Without this knowledge, it is impossible to advise you whether this plea bargain is a good one.
In short, you need to consult with an experienced DUI defense attorney to discuss your options.
Best of luck.
John Buckley
teven Joseph PisaniCriminal Defense AttorneyDenver, CO ·
The facts of your case need to be examined in more detail before anyone can advise you on what actions to take. In particular, an attorney would need to know details about your driving history, the results of any chemical test, why and how the police stopped your vehicle, how and if roadsides were performed among other facts. Only after a thorough examination of your story and the police report can an attorney make a recommendation on what actions to take.
www.pisanilaw.com
No one can answer this question but you ultimately and even you can't answer it until you've had an opportunity to sit down with an attorney who has done DUI defense work and talked about the facts in your case. Sometimes the exact same offer can be both terrible or a "bargin", but it will depend on a multitude of factors: applicable evidence, applicable law, personalities of the players, and still other factors. Delta is not a particularlly big community and it does not serve your interest to post on a public website the facts in your case (you may be recognized or reveal something unintentionally). It would be better to speak with an attorney who can advise you and can keep your confidences. It may be frustrating that no one so far has been able to answer your question plainly, but any criminal charge is a complex thing.
