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To what benefit will be had with my attorney writing and sending in a mitigation letter for my DUI?

Elmhurst, IL |

This was my first DUI, and hopefully last. I blew a .106 and after he went over the police report and DVD, he attempted to ask for a plea agreement with the prosecutor. He told me, that the police chief is really tough and doesn't allow plea agreements to be made so easily between prosecutors and attorneys. So now he is going to write and send in a mitigation letter with all my mitigating factors (.106 blow, I acted and cooperated during the arrest, etc.) and hopefully it would able to help me to get my license back and find a plea agreement. As I said, this is my first DUI, so I'm not quite knowledgeable about all this which is why I wanted to get feedback from this website.

Attorney Answers 4


  1. This site is not to sit in judgment of other attorneys, but to try and help people with legal questions. Why would the attorney create additional work if he did not feel it was necessary?

    Answers presented on this website are intended only for informational purposes and any use of the contained material is at the users own risk. Answers are intended exclusively as a public resource for general information, and this information is intended, but is not promised or guaranteed to be, correct, up-to-date, or complete. This material is not intended to constitute legal advice, as an agreement to create an attorney-client relationship with the law offices of Mitchell S. Sexner & Associates LLC, or the provision of legal services, and receipt of this information does not constitute such an agreement. If legal or other specific expert advice is required, then the services of a competent professional should be sought.O


  2. You've hired an attorney and unless there are serious red flags going up, there's no reason to look for others to second guess him. I can tell you that it is quite common for the prosecutor to ask for a mitigation letter from defense counsel, especially where the prosecutor might need to obtain supervisor approval in order to agree to the deal. I suspect your attorney is seeking either an agreed rescision of the SSS or perhaps a reducer on the DUI. No red flags here. Good luck.
    www.galivanlaw.net


  3. Consult with your attorney.

    They have seen the discovery, talked with the state and have been in front of the judge...

    Sal Sheikh practices law in Illinois.This answer is provided solely for informational purposes only. You should always speak directly with a lawyer in your State. It is difficult to evaluate your legal problem without a consultation and review of all the facts and documents at issue. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.


  4. You have to rely on the expertise of your attorney and his/her familarity with that jurisdiction. If your attorney is requesting to do this, I have a hard time believing that there is no value to this. Often times, when legal and factual issues do not bring about plea bargains, mitigating factors can make all the difference. I expect that your attorney is doing the right thing here.

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