2 class A misdemeaner DUI, lawyer said if plea bargain isn't taken then the sentence will be higher is that legal?

I guess the procuestor wants to go back like 15 years for a repeat offender if plea isn't accepted. Public defender suggested getting bail posted and hiring a lawyer to get a better deal otherwise it's plea or trial for a worse sentence

Greenwood, IN -

Attorney Answers (3)

Burton A. Padove

Burton A. Padove

Family Law Attorney - Hammond, IN
Answered

Yes, it is legal. The main purpose of a plea is to obtain a compromise. If you go to trial, you face the possibility of a maximum sentence.

Mr. Padove is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does... more
Charles K. Kenyon Jr.

Charles K. Kenyon Jr.

Criminal Defense Attorney - Madison, WI
Answered

Too little information but in general a plea bargain results in a lower sentence than loss at trial. Not always. The public defender is a lawyer and probably a very good lawyer. Each state has its own rules on who is or is not a repeat offender.

Often people think that because it isn’t a murder case, a drunk driving case is simple. Nothing could be further from the truth. These cases can be among the most complex a criminal defense lawyer handles. The government is willing to spend an incredible amount of money to convict you though. They will have expert witnesses available for consultation and trial.

That you have been charged or that some contraption says your alcohol level was at a certain level does not mean that you are guilty. It certainly does not mean that you can be proven guilty using competent, valid evidence.

Field sobriety “tests” are designed to give police a reason to arrest. You cannot “pass” them. The police will admit that almost a third of healthy young adults who take these tests without any alcohol will be judged to be “under the influence” – and that assumes they are properly administered!

After even a first drunk driving conviction, you may face employment discrimination. You will certainly be charged higher for insurance. Having such a conviction will also make you a target for drunk driving arrest in future interactions with police. You will automatically become a suspect.

You will want a lawyer who is familiar with field sobriety “tests,” perhaps one who is certified to administer these tests. You will want a lawyer familiar with the weaknesses of the contraptions that are used to report alcohol or drug levels. You want an experienced trial lawyer, used to cross-examining police officers. Police officers are practiced, experienced witnesses.

That is, you want an experienced drunk driving defense lawyer, whether you call the offense DUI, OWI, DWI, OUI, or drugged driving.



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Ross Carl Goodman

Ross Carl Goodman

Criminal Defense Attorney - Las Vegas, NV
Answered

Obviously, it depends on whether you beleive you have a viable defense. If you do not and you do not think the compromise is good enough, then your only choice is to hire new counsel to take another shot at negotiating the case.

The information presented here is for informational purposes only and does not constitute legal advice. The... more

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