when can a lawyer ask for a plea deal in a dui case in cherokee county georgia

by Evie Murphy 8 min read

Generally, plea bargaining can take place at any stage of a DUI case. It's even possible for a defendant and the prosecution to reach a plea bargain in the middle of a trial.

Full Answer

What is a nolo plea in a Georgia DUI case?

The Georgia General Assembly changed the law in 1997, effectively ending the usefulness of the nolo plea in Georgia DUI cases. A defendant can still plead nolo, but they will face the same license consequences as if they had pleaded guilty.

When to make a plea deal with the prosecutor for DUI?

DUI Plea Bargains should be made with the prosecutor only after your attorney tries to get the charges dismissed. Learn how your case will stack up in court with a FREE DUI Evaluation.

Should I plead “guilty” to DUI?

This involves more lenient sentencing in exchange for a plea of “guilty” to driving under the influence. The main advantage of pleading “guilty” to DUI with a plea bargain is knowing what the sentence will be in advance. If a defendant goes to trial and loses, the judge might sentence him or her to DUI probation.

Can plea bargaining help reduce a DUI charge?

The best outcome of the DUI plea bargaining process is a charge reduction to a lesser offense. This is easiest to come by with a first-time DUI, assuming no one was injured. But even with a second or subsequent offense, or a DUI with injury, a charge reduction is sometimes possible. In many cases, less negative impact on car insurance.

How can you get out of a DUI in Georgia?

If you want to beat a DUI, you need to remain SILENT.(2) Every Field Sobriety Test Is Voluntary and Optional – Just Say NO. ... (3) In a Georgia DUI, do not blow into the Portable Breathalyzer at the roadway! ... (4) Do not Resist Arrest for a DUI in Georgia. ... (5) You Have No Privacy in a Police Car in the Peach State.

How long does a DUI case take in Georgia?

There really is no typical time for a DUI. Every case is different. If it is one that doesn't require motions to suppress or other complicated litigation, you should be able to have your DUI resolved anywhere from three to six months.

How much is bail for a DUI in Georgia?

$150 - $2,500Bail: Cost: $150 - $2,500. Cost of DUI arrests depends on how many offenses you've had and your blood alcohol level. Towing: Cost: $50 - $200.

What happens when you get a DUI in Georgia?

Georgia DUI Proceeding The minimum consequences are 24 hours in jail and a $300.00 fine. Other consequences include 40 hours of community service, 12 months probation, DUI Alcohol or Drug Use Course or a substance abuse evaluation. The penalties are elevated if this is your second DUI within 10 years.

Is there a statute of limitation on DUI in Ga?

The statute of limitations for a misdemeanor DUI offense in Georgia is 2 years. The statute of limitations is met with the initiation of the prosecution.

How long does a DUI affect your insurance in Georgia?

3 yearsA DUI in Georgia typically affects insurance for at least 3 years, depending on the insurance company. Most insurers look back at the past 3-5 years of a driver's motor vehicle record when calculating premiums, but some look even further for major violations like DUI.

How likely is jail time for first DUI Georgia?

When someone has a first DUI in Georgia they face the following potential penalties: 12 months of probation. A minimum fine of $300 plus court costs and surcharges. Between 1 - 10 days in jail, which many times can be waived.

What is the average cost of a DUI in Georgia?

Georgia Misdemeanors carry a fine of up to $1000 and up to 12 months in Jail. A third DUI in ten years is a high and aggravated misdemeanor that carries a fine of up to $5000. With all Georgia Misdemeanors there are add-ons, court costs and fees that can almost double the base fine.

What is the penalty for a first time DUI in Georgia?

GEORGIA DUI CONSEQUENCES IF CONVICTED OF THE DUI: If this is your first DUI conviction, the maximum consequences are a fine of $1,000 and up to 12 months in jail. The minimum consequences are 24 hours in jail, which may still be waived, and a $300.00 fine.

Is probation mandatory for DUI Georgia?

DUI Probation in Georgia is part of virtually every DUI plea or jury trial conviction for driving under the influence. The reason for this article about being on probation for DUI is that probation is mandatory under OCGA 40-6-391, the DUI statute in Georgia.

What is Georgia's zero tolerance law?

Georgia operates under a "zero tolerance" policy, which means drivers under 21 years old cannot have a BAC (Blood Alcohol Content) above . 02%. If you are charged with a DUI, the penalties change depending on your BAC level. If you are above . 08%, you will face the same charges as an adult.

What is a felony DUI in Georgia?

Felony Convictions: When Is a DUI Considered a Felony? Generally, a DUI conviction in Georgia is a misdemeanor. However, if you have been charged with a fourth or subsequent conviction within a 10-year period (measured by dates-of-arrest), you will be charged with a DUI Georgia felony.

What is plea deal in DUI?

A plea deal is essentially a compromise that benefits the government and defendants. Of course, each side tries to tilt the deal in their favor. But in most cases, the prosecution and defendant are able to reach a resolution that everyone can live with.

Why do DUI cases need plea bargaining?

However, in most DUI cases, plea bargaining occurs toward the beginning of court proceedings. The prosecution's main motivation for making plea deals is to resolve cases without having to put in a lot of time and energy. So, for prosecutors, having cases drag on defeats the purpose of plea bargaining. DUI attorneys typically don't like ...

How much is the penalty for a DUI in California?

State laws specify penalty ranges for a DUI conviction. These penalties generally depend on how many prior DUI convictions the offender has. For example, the penalties for a first DUI conviction in California include $390 to $1,000 in fines and up to six months in jail. So, a California prosecutor might offer a first offender a plea deal involving penalties at the lower end of this range—perhaps, $500 in fines and little or no jail time.

What is a wet reckless charge?

When a DUI charge is pled down to a reckless driving charge, it's commonly called a " wet reckless .". Generally, a wet reckless is considered a good deal for the defendant. Consequently, prosecutors might be willing to offer such a plea deal only in the least serious cases or where the evidence is supporting the DUI charge is somewhat weak.

What is plea negotiation?

Plea negotiations offer an opportunity to reduce the possible penalties that could result from a conviction at trial. Plea deals also reduce the time a defendant has to spend in court dealing with a DUI charge.

What is plea bargaining?

Plea Deals are a Compromise. For courts and prosecutors, resolving cases through plea bargaining is primarily about efficiency. Without plea bargaining, courts couldn't process all the cases on their calendars. There simply wouldn't be enough time or resources for every case to go to trial.

How do I resolve a DUI?

The vast majority of DUI ( driving under the influence) and all other criminal cases are resolved through plea bargaining. In other words, the defendant agrees to plead guilty or no contest in exchange for a less serious charge or more lenient penalties than a judge might otherwise impose for a DUI conviction. ...

What is a plea bargain in a DUI case?

DUI Probation Violations. plea bargain in a DUI case is a negotiated alternative to taking a case to jury trial. A plea bargain typically involves either: A sentence reduction, or A charge reduction. To get a sentence reduction, the defendant pleads guilty or “no contest” to driving under the influence.

What is the best outcome of a DUI plea bargain?

The best outcome of a DUI plea bargain is a charge reduction to a lesser offense. This is easiest to come by with a first-time DUI, assuming no one was injured. But even with a second or subsequent offense, or a DUI with injury, a charge reduction is sometimes possible.

What is a plea bargain in California?

Lesser Offenses in a California DUI case. plea bargain in a DUI case is a negotiated alternative to taking a case to jury trial. A plea bargain typically involves either: A sentence reduction, or. A charge reduction. To get a sentence reduction, the defendant pleads guilty or “no contest” to driving under the influence.

What happens if a defendant goes to trial and loses?

If a defendant goes to trial and loses, the judge might sentence him or her to DUI probation. But the judge could also impose a hefty fine and/or time in jail. With a plea bargain, the defendant leaves nothing to chance. It is a way to eliminate the worst outcome in a case of driving under the influence. 3.

What are the advantages of a DUI sentencing reduction?

2. Advantages of a DUI sentencing reduction. Even when a prosecutor will not reduce drunk or drugged driving charges, it is often possible to get a sentencing reduction. This involves more lenient sentencing in exchange for a plea of “guilty” to driving under the influence.

What is a wet reckless plea bargain?

This is a reckless driving conviction that contains a note in the record that alcohol (or in some cases drugs) was involved in the offense. This is what is meant by the “wet” in the phrase “wet reckless.”. A “wet reckless” plea bargain has several advantages over a driving under the influence conviction.

Is wet reckless a priorable offense?

For instance, in California, “wet reckless” is a priorable offense. 11 This can be important as penalties for drunk or drugged driving usually increase with each subsequent offense. 12. DUI plea bargains/charge reductions can often keep a defendant out of jail. 4.

What is plea bargain?

A plea bargain is a compromise between a prosecutor and a defendant. Your lawyer may advise you to accept a plea bargain, depending on the facts of your case. However, plea deals aren’t usually in your best interest if you’ve been charged with three or more DUI offenses.

Can you go to jail for a third DUI in Massachusetts?

Third Offense DUI is a felony in Massachusetts, so there is a minimum mandatory jail sentence that the court must impose if you ple ad guilty. You can’t avoid this jail sentence if you plead guilty to a third DUI.

Does the Prosecution really care about DUI when there are more serious crimes committed every day?

The short answer is yes, and the long answer is yes as well. DUI is extremely unpopular to the general public. Prosecutors are elected politicians that seek re-election every four years or re-appointment in the case of City Solicitor Generals. As a result, most prosecutors will do what is most politically advantageous.

Choosing the Best DUI Lawyer

When you are arrested for DUI in Georgia, finding the right Lawyer is Job #1. At the Law Offices of Richard S. Lawson we will investigate your case and find the best possible legal defense to your DUI in Georgia. You are in good hands with Richard Lawson and his associates.

Georgia DUI Defense Attorneys

At the Law Office of Richard S. Lawson, we have offices conveniently located throughout metro Atlanta and throughout Georgia. If we do not have a convenient office, we will come to you. We practice throughout Metro Atlanta and North Georgia. If your case is in an area we do not serve, we will find you an attorney in your area free of charge.

What is a plea agreement in Georgia?

It must be remembered that a plea agreement is a contract under Georgia law, which binds both prosecutor and defendant. [2] In addition, a defendant surrenders valuable constitutional rights when entering a guilty plea under a plea bargain. [3] Further, it must be known that a plea agreement may be approved or denied by the judge.

What is a negotiated plea?

A negotiated plea is where both the defense and prosecution reach an agreement as to the crimes to be admitted to by the defendant and the punishment the defendant is to be subjected to as a result of committing those crimes. Not only is defense counsel prohibited from accepting a plea offer without authority from client, but defense counsel is also obligated to communicate every negotiated offer to client before rejecting it on client’s behalf.

What is a successful criminal defense attorney?

A successful criminal defense attorney is one who explores and exhausts every possible avenue of defense to the benefit of their clients. If the best course of action is taking the case to trial, the successful attorney will be prepared to try the case. However, statistical evidence shows an overwhelming majority (90%-95%) of all criminal cases in the United States are resolved through a plea bargain. [1] The primary reason for defense counsel to negotiate a plea bargain is to obtain a better resolution for your client than that which may be obtained at trial.

What was the first DUI in Georgia?

Up until July 1997, the nolo contendere plea was the most common resolution of a first DUI offense . As long as it was the first offense, the accused had a BAC of less than .15 (or was a refusal), and the accused had not used a nolo plea in the past five years for some other offense; they could enter a nolo plea to their Georgia DUI.

What happens when a person pleads guilty?

When a person pleads guilty or is found guilty after a trial, they have essentially been held responsible in any potential civil case because the standard of proof in a criminal case is so much higher. When a person pleads nolo, his or her plea cannot be used as an admission of civil liability.

Why do people use nolo pleas?

For these people, a nolo plea helps a person psychologically accept the outcome in their case. If you or a loved one has been charged with a Georgia Traffic Offense or a DUI, call us. We are here to help you decide the best way to handle your case.

What is a plea of nolo?

The Plea of Nolo Contendere, or only “Nolo” to most, is one of the most valuable opportunities for people charged with misdemeanor traffic offenses in Georgia . When used effectively, Georgia drivers can avoid receiving points on their motor vehicle record once every five years. However, this pleading is often misused and misunderstood. It is a way to close a criminal case without admitting guilt. However, you will be sentenced as if you did admit guilt. Some describe it as an intermediate plea between guilty and not guilty; however, that explanation is insufficient.

Can you be charged with less than 15 miles per hour in Georgia?

A person charged with less than 15 miles per hour under the posted speed limit should not waste their nolo contendere plea because unless they have a CDL, the offense will not be reported to the Georgia Department of Driver Services.

Can a plea of nolo be used as an admission of civil liability?

When a person pleads nolo, his or her plea cannot be used as an admission of civil liability. In a case involving injuries to other parties or property damage, it can be used to avoid admissions that may be utilized in a civil case for damages compensation against the driver.

Can a marijuana charge be dismissed in Georgia?

If handled correctly, the marijuana offense can be completely dismissed. It will help in cases involving no proof of insurance or driving with a suspended license. However, most Georgia Traffic Ticket Lawyers can get such first offense charges reduced to non-reportable offenses.