It is highly likely that the prosecution will offer you some sort of plea bargain if your DUI case goes to trial. Whether or not it is a good idea for you to accept a plea bargain depends upon the specifics of your case. Regardless, it is almost inevitable that the prosecution will offer you one.
There are many reasons why the prosecution offers plea bargains, but the chief one is that often it is easier and more expedient both for the prosecution and defense. There are three main areas of negotiations concerning plea bargains. These areas are charge, fact, and sentence bargaining.
What should I know about these areas?
The most common variety of plea bargain is a charge bargain. This is also the most popularly known kind. With a charge bargain, the defendant agrees to plead guilty to a less serious charge in order to avoid going to trial for a more serious charge. The quintessential example of this is a defendant pleaded guilty to manslaughter so they do not have to face murder charges.
The least common variety of plea bargain is fact bargaining. In fact, not all courts allow back bargaining to occur. With fact bargaining, the defendant agrees to admit certain facts in exchange for the prosecution not bringing other facts to the jury.
How does plea bargaining happen?
Plea bargaining is most common over the telephone or in the prosecutor’s office. It is very rare for judges to involve themselves with plea bargaining. Keep in mind that the courts may still decide to reject a plea bargain, even if the prosecutor offered it.