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A plea deal refers to a negotiated plea. That negotiation typically occurs with the prosecutor. It occurs when the defendant’s lawyer and the prosecutor have reviewed the facts and evidence and reached a reasonable agreement that the defense lawyer considers a fair resolution of their client’s case. If the prosecutor makes a plea offer after those negotiations, the defense lawyer is ethically bound to communicate it to the client for consideration.
Plea bargains for DUI and drug charges are related to the evidence. In a DUI case, it’s often associated with a breath test or blood test result that’s over the limit.
In Georgia, if you’re over 21 years old, plea bargains differ between DUIs and drug charges. If you plead guilty to a DUI, it typically results in the suspension of your driver’s license. If you plead guilty to a drug charge, it does not result in the suspension of your driver’s license.
Additionally, you can plead guilty to a drug charge in Georgia under a conditional discharge. That means if you survive the probationary period, the charge won’t count as a conviction and won’t go on your record. Your record is typically expunged or, as it’s referred to in Georgia, restricted.
Typically, prosecutors review all the evidence, including the video, blood test results, and any potential suppression issues. Sometimes, prosecutors get nervous about the strength and possible suppression of evidence. That can affect their confidence in their case and help you secure a favorable outcome. Prosecutors will also look at your past criminal record to see if there are prior violations for the same crime.
Attorney George Stein is a skilled lawyer based in Atlanta, GA, who has helped countless clients just like you navigate the intricacies of DUI and drug defense law. With decades of experience, he is prepared to assist you with assessing the risks and benefits of taking a plea deal in a DUI or drug case so you avoid harsher penalties.
Still have questions? Ready to get started? Contact George Stein, The DUI Lawyer today to schedule an initial consultation.
If you have a negotiated deal, it usually minimizes jail time. But if you reject a plea offer and go to trial, typically, jail time is increased after a jury trial, especially if you’re a multiple offender.
Unlike DUI cases, one of the benefits of accepting a plea deal in a drug case is the diversion program for first-time offenders. If you complete the diversion program, you can have the drug charges completely dismissed and expunged from your record.
With a diversion program, you don’t have to plead guilty. You can also request a motions hearing to determine if there are any suppression issues (for example, if the officer did not have probable cause to pull you over, to begin with). If there are such issues, and you have evidence suppressed, that could lead to your case being dismissed.
The ultimate alternative to pleading guilty is going to trial. You could have either a trial before a judge (a “bench trial”) or a trial before a jury and potentially win a not-guilty verdict as an alternative to a plea.
Clients’ biggest fears are going to jail, having a criminal record and, last but not least, the effects on their jobs or their future marketability. In terms of addressing their fears, it’s essential to keep them well-informed and conduct a risk-benefit analysis with them so they understand the pros and cons of accepting a deal versus going to trial and risking a more severe penalty, including additional jail time.
Above all, effective communication is the key I use to address any fears that my clients have.
For more information on DUI and drug charge plea deals in Georgia, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (404) 681-4000 today.
Attorney George Stein is a skilled lawyer based in Atlanta, GA, who has helped countless clients just like you navigate the intricacies of DUI and drug defense law. With decades of experience, he is prepared to assist you with assessing the risks and benefits of taking a plea deal in a DUI or drug case so you avoid harsher penalties.
Still have questions? Ready to get started? Contact George Stein, The DUI Lawyer today to schedule an initial consultation.