It is Not Uncommon That Your Michigan DUI Case Can Result In a Plea Bargain With the Prosecutor
While every Michigan DUI case should be aggressively challenged from the beginning, there is a possibility that a case will be resolved with a Michigan DUI plea bargain in which the original more serious charge is dismissed and the defendant will then plead guilty to a less serious charge.
Less serious charges can include impaired driving, reckless driving or even careless driving. Other types of plea bargains may focus on a pre-agreed upon punishment. A plea bargain is not necessarily a bad thing. However, an experienced and well-qualified Michigan DUI attorney will still take an aggressive stand against your prosecution from the outset. Oftentimes, it is the attorney’s zealous advocacy on your behalf that causes a favorable plea bargain to be offered.
Why is the prosecutor willing to dismiss the more serious charges against you? Believe it or not, the prosecutor will have doubts about the strength of the case against you. He may be worried that his blood, breath or urine evidence is weak. He may be worried that a jury may find your expert witness to be very persuasive. Or he may be concerned that the police officer(s) who arrested you could be a potentially weak witness. Just because he’s a police officer doesn’t necessarily make him a strong testifier. The prosecutor has to prove his case against you by “beyond a reasonable doubt”, and that’s a tough standard. Nobody likes to lose a case, especially the prosecutor! The more worried the prosecutor is about his Michigan OWI case against you, the greater the chance is for an advantageous plea bargain.
It is the Michigan DUI defense attorney’s job to plant doubt in the prosecutor’s mind. Your attorney may be able to get the prosecutor to begin to question the accuracy of his own breathalyzer test, or maybe the chain of custody on a blood sample is flawed in some way. Maybe the prosecutor has experience with this particular officer testifying weakly in earlier trials. In such situations, your Michigan DUI attorney’s ability to secure a favorable plea bargain is greatly increased.
Frequently, the prosecutor is expecting the defense attorney to come in and plead guilty at the very beginning. The prosecutor is often shocked that you are demanding a trial. It may be surprising to learn that the prosecutor doesn’t conduct a lot of trials and he is stressed out when one is demanded. Trials represent a lot of extra work for the prosecutor. If the prosecutor believes that the Michigan DUI defense attorney really will take the case all the way to trial, he may back down. In such cases, a far more advantageous plea bargain is offered.
Plea bargains are not necessarily a bad thing. After all, trials are risky and no one wants to be on the receiving end of a guilty verdict. Your Michigan DUI lawyer will be able to advise you in a manner that allows you to make the best decision.
If you have been charged with a Michigan DUI you need to take the allegation seriously. Attorney Richard I. Lippitt has the experience and knowledge that is required to confront your case. Mr. Lippitt employs a vast network of scientific and blood experts who can potentially challenge your Michigan DUI felony arrest. Additionally, Mr. Lippitt possesses the legal scholarship necessary to develop potential constitutional challenges of your Michigan DUI arrest.
If you've been arrested for DUI, DWI, or OWI, call me. I've helped hundreds of people stay out of jail, avoid penalties, and protect their rights, and I can help you.
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