When someone doesn’t like a plea offer that is usually what triggers the conversation about whether to go to trial or not. The next thing to consider is whether you need to go to trial. The conversation usually starts with, “Nobody wants to have a DWI on their record,” or “Nobody wants to have a DWAI driving while ability impaired on their record.”
The next step is to consider how this will negatively affect your life. Are you going to lose your job? Are you going to get thrown out of school? Are you going to be able to get a job in the future?
Now looking at those criteria you then have figure out, if you don’t like the plea offer, is that a good enough reason to go to trial and the answer generally is that it is not on its own.
What Are The Common Reasons That DWI Cases Are Dismissed?
The number one reason DWI cases are dismissed is because of a good attorney who has had good training. A good attorney knows what he’s doing and gets cases dismissed.
Additionally, other reasons cases are dismissed can be due to bad police work and ultimately bad prosecution work. There are other problems that can arise with the people’s cases as well such as the government runs out of speedy trial time or cases where evidence gets suppressed so there is no evidence.
Attorney Sachs recently had a case where he did a pre-trial hearing and was able to point out where the police officer did not administer the Standardized Field Sobriety Tests properly. The judge agreed with him because he has had the training on it. Attorney Sachs had the manuals and was able to show the judge that the officers did not do the tests correctly. Therefore, the judge suppressed the evidence and without the Standardized Field Sobriety Tests there was no probable cause for the arrest in the first place. With no evidence, the District Attorney dismissed the case.
Do People Generally Have Misconceptions About What Happens At A DWI Trial?
Most people do not fully understand what happens at a DWI trial. Most people charged with a DWI have never been in the criminal justice system before. What most of us see as a trial is whatever we see on television. Television trials are very seldom realistic. Attorney Sachs has been trying cases for thirty-two years. He explains to each of his clients going to trial, what and where the courtroom is, where he or she will sit and what the entire trial consists of and how it is conducted. He sets them at ease and that makes it easier for a client to make a decision on what to do. The ultimate saying would be, an educated, informed client is the perfect client that you want because they are making intelligent informed decisions not emotional misinformed decisions.
Do You Recommend Any Counseling For Your DWI Clients?
The attorney has his clients get an alcohol evaluation from a state certified provider. If that person is recommended for treatment or counseling, then they do in fact do that counseling. Does it come out at a trial? Not usually. That’s for the plea bargaining process more than it is for a trial purpose.
If Someone Is Found Guilty At Trial, Will The Sentence Be Harsher Than The Plea Offer?
Although judges deny this, Attorney Sachs finds that people who take a DWI case to trial do get a little harsher sentence than what the plea offer was. Usually a plea offer is to give someone an incentive not to go to trial. For example, if you’re facing a year in jail the D.A. may offer a plea of six month in jail instead. However, if you go to trial the D.A. then is most likely not going to recommend the same sentence.
Attorney Sachs lets his clients know there are a lot of risks when you go trial. You don’t know the outcome. You could lose the case and your sentence could be more than what is being offered in the plea. Certainly those factors are something that have to be considered by a defendant prior to going to trial on their case.
For more information on Going To Trial In A DWI Case, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (516) 679-0400 today.