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Should I accept plea or go open in front of judge

Champaign, IL |
Filed under: First DUI

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

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

Posted

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!

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Asker

Posted

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

Asker

Posted

Even though the history is 20 years old will it get me jail time

Jeffrey Allen Fagan

Jeffrey Allen Fagan

Posted

I would listen to your attorney. it sounds like they believe your case will be dismissed or you will get supervision. it's technically your first DUI, so you are supervision eligible and a good candidate. let me put it this way - taking a plea on a DUI isn't always a bad idea, but it is always the easier way out. that doesn't mean it's a bad thing or that it's a good thing. you should be encouraged by the fact that your public defender believes in your case enough to do what is going to be far more work than if you take a plea. if I were you, I'd listen to your lawyer, let them fight the case, and see what happens. if your history is accurate, the worst case scenario is likely to be court supervision with no time. trust your attorney. I haven't met a pd yet who wanted to fight a case she knows she'll lose - they don't have time to fight cases when the plea is a good idea. opt for trial, roll the dice. based on what you're telling me, you are likely to either end up with a not guilty or court supervision.

Asker

Posted

Thanks but she does not want to fight it she wants me to plead not guilty But have the judge sentence me thats the only way to get court supervision in champaighn county But my first plea they offered was 60 days in jail because of the 20 year old summery suspension they took the jail off the table Just don't want the judge giving me jail when he sees the same thing

Jeffrey Allen Fagan

Jeffrey Allen Fagan

Posted

I'm pretty sure I'm a lawyer and you aren't, so I'm not sure why you keep telling me how DUI law works. if you plead not guilty, a trial will commence. hence, your attorney will fight. for you. because the pd believes you stand a better shot at a better resolution than the deal you seem to want to take. do whatever you want, but every lawyer who has answered this question has said essentially the same thing. you seem to want to do the opposite. I've provided my opinion and dedicated far too much time already. if you don't want to listen to every lawyer you've asked about this, including the one currently representing you, then don't. if you were ill and every doctor you spoke to recommended the same treatment, would you ignore all of them to? do as you please. every attorney on avvo agrees you should listen to your lawyer, which you seem to believe is a fluke. so take the plea and ignore the advice that comes from decades of experience if you like, but do so knowing that you are ignoring the experts you asked for advice.

Asker

Posted

I am sorry she wants me to plead guilty

Asker

Posted

I wrote wrong the first time

Jeffrey Allen Fagan

Jeffrey Allen Fagan

Posted

well that changes things quite a bit. your attorney likely believes the judge will give you a better deal. it is unlikely the previous suspension and subsequent not guilty is the basis for jail time. you should be eligible for supervision as this is your first DUI. no one can guarantee you no jail time, but if the pd felt the plea was a better deal than you could get with the judge, they'd have recommended you take the plea. it's in your hands now - take the deal or trust the pd's experience.

Asker

Posted

Thanks sorry for bothering you

Posted

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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Posted

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

Judy A. Goldstein

Judy A. Goldstein

Posted

You are foolish to go against the advice of your attorney.

Asker

Posted

I just don't want to go to jail Thats why I am asking advice need to make a decision by tomorrow The first plea was 60 days in jail Then they took jail off the table so I wanted to take it But my Public defender says I should go open. Then I might not get probation because I travel for a living. But she cannot gaurantee that I won't go to jail she thinks he will at least give me court dismisal so I can travel But I am worried about my history thats why they had 60 days to start with in jail

Posted

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

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Posted

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

Melissa I. Smejkal

Melissa I. Smejkal

Posted

Sounds like she thinks the judge will give you something better than probation. Make an appointment with her and ask her.

Asker

Posted

I did talk to her She thinks he will give me Court Dismisal which still goes on my record but I can travel which I do for a living. But originally they wanted me to plea to 60 days in jail thats why I want to take the plea because jail was removed. I just was wondering if my background was bad even though its 20 years old I need to choose by tomorrow at 2;30

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