So how often Do dui,s actually go to jury trial what percentage in alameda county or are they always plea bargained down

Asked over 1 year ago - Hayward, CA

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Attorney answers (5)

  1. Vijay Dinakar

    Pro

    Contributor Level 17

    9

    Lawyers agree

    Answered . DUI's in Alameda are not "always" plead out but trials are relatively rare (I don't know an exact percentage). I think DUI's too often result in pleas when a trial is often in the client's best interest. The reason for this state
    of affairs is complicated but mainly it, like
    much in life, comes down to money. Most persons accused of DUI are represented by the public defender. Many public defenders are skilled and zealous but all public defenders, especially at the misdemeanor level, have an enormous case load. This means that public defenders are often incentivized to push for a plea for marginal cases since there is limited manpower to cover the enormous volume of indigent accused when public defenders are in trial. Private attorneys face different incentive structures. They are usually paid in the form of an upfront retainer which they attempt to collect in full at the outset of the case. Many private attorneys structure their payment differently for pre-trial and trial services. Many private attorneys, unlike public defenders (by and large), lack trial experience and are reluctant to go to trial. Other private attorneys have done hundreds of trials and expect to be paid accordingly. There is also the issue of prosecutorial inducement where prosecutors offer to dismiss one of two counts in the standard DUI case. The pre-trial judge plays along in this game and usually offers a standard DUI punishment. As a matter of law, defendants are not supposed to be punished for exercising their 6th amendment right to trial but trial judges routinely "indicate" less favorable sentences if defendants insist on pushing the matter to trial. They do this off the record and justify enhanced punishment when the defendant takes the stand (common in DUI case) by finding that he lied. In reality a first time standard DUI defendant is not going to get actual jail time though he may get more days on the work program than his plea bargaining brethren. Anyways that's a long answer, maybe it answers your question. Best of luck

  2. Robbi Abrams Cook

    Pro

    Contributor Level 9

    8

    Lawyers agree

    Answered . I don't have a factually accurate answer to your question; I don't know what the statistics are. However, I would venture to guess that there are hundreds of DUI cases charged each month in this
    county, and probably 95% of them are plea bargained. They are not "always" plea bargained, and there is usually at least one DUI jury trial taking place on any given week at at least one courthouse in Alameda County.It is very dependent on the facts of the case, the goals of the defendant and their ability to pay their lawyer for a trial defense (if they are not represented by the public defender). If you have been charged with a DUI and are represented, the decision as to whether or not to proceed to trial or plea bargain the case is something you need to discuss in depth with your attorney.

  3. Mark Lawrence Deniz

    Pro

    Contributor Level 15

    5

    Lawyers agree

    Answered . I am a former Deputy District Attorney. I was a former Deputy City Attorney. DUI trials do not happen enough.
    I know here in SD a small percentage (maybe 2%) go to trial. Between the private attorneys and public defenders there are thousands of cases. At trial call in most counties you have a dozen or more go out in a county.

  4. Matthew C Simon

    Pro

    Contributor Level 18

    6

    Lawyers agree

    Answered . Its impossible to answer this question without knowing the specific facts of your case and reviewing the paperwork from the State. Hire an experienced DUI attorney. It will be the best investment you ever made. Good luck.

    The above is general information only and is not legal advice. The information provided does not form an attorney-... more
  5. Danielle Elizabeth Grabois

    Contributor Level 5

    3

    Lawyers agree

    Answered . The goal is to not let it get to trial and have it dropped before then. However, if you've received a DUI, in California you have 10 days to request a DMV hearing or you lose your license for a year.
    A great attorney can likely negotiate a plea.
    Contact my law office at 424 274 1846 or another attorney right away, as you do not want to risk losing your license.

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