Should I accept plea or go open in front of judge

Asked over 1 year ago - Champaign, IL

My case is just straight DUI take plea 2000 in fines 18 months probation or go open in front of judge get possible no probation or court supervision my background is 1992 summery suspension
1987 illegal transpiration
I was not guilty of DUI in 1992 but I did not blow and my current case did not blow either my PD says I should go open but scared of jail time

Additional information

I am pleading guilty, I have a public defender she wants me not to take the plea and go open that means I am letting the Judge do the sentecing.
I did not take the breathalizer so my license is already revoked for a year.
Its a class A misdemeanor
My history is
1992 summery suspension DUI found not guilty
1987 illegal transpiration

Attorney answers (3)

  1. Jeffrey Allen Fagan

    Contributor Level 13


    Lawyers agree

    Answered . Without seeing your file, it is all but impossible to render a valid opinion. You should not and cannot provide the level of detail. What I can advise is to ask why the pd believes you should go to trial. They may not have a ton of time to explain details due to case load pressures, but should be able to articulate a reasonably quick explanation. Ultimately, it's your choice on how to proceed, but if the pd can give some direction on why they feel you should take it to trial, maybe you'll agree and be convinced.
    Attorneys make their recommendations based on experience and the facts in your case. The easy way is usually just taking a plea, but that's not always the best way. Sometimes the chances are good enough with a trial for a win so it's a no brainer. Pd's don't have time to waste, so if they feel strongly about it, that might be a good sign.
    That deal doesn't strike me as fantastic, but I'm not looking at your history.
    Perhaps I'm just overtired, but if this is a first DUI, you should be eligible for supervision (maybe that's what you meant by probation)?
    If its 18 months supervision plus fines, that changes things a bit.
    Talk to the pd. I bet there is a very good reason they think you'll be better off going to trial than taking a plea. I explained to a client today why, in his case, a plea might be a good idea in under ten minutes and he asked a lot of questions. I always make sure my clients understand that it is always their choice.
    Good luck!

  2. Melissa I. Smejkal

    Contributor Level 18


    Lawyers agree

    Answered . Taking probation will revoke your license. Is this a felony?

  3. Judy A. Goldstein

    Contributor Level 20


    Lawyers agree

    Answered . It is impossible to give a complete answer based upon the sketchy facts presented here. However, before you make any decision, you should ring all your paperwork to an experienced DUI defense attorney and discuss your options. Do not go to court uneducated. Best - Do not go to court unrepresented, especially in Champaign County.

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