If you’ve been charged with a DUI in Mechanicsburg, PA, you need to start preparing immediately. Depending on the details of your case, you may feel that it’s worth fighting in court, but how often do DUIs really go to trial in Harrisburg, PA? The answer is not very often, and only your DUI lawyers can tell you if it is worth the risk to go all the way to trial in your case.
Despite what you may believe from popular media, the vast majority of cases nationwide never go to a trial of any kind. In fact, according to some studies, less than 10% of total cases ever go before a judge. When it comes to DUI cases, the number is even lower and could be as low as 2%. However, this does not mean that there are no grounds for taking your case to trial.
Ultimately, the decision to go to trial is entirely up to you, the client. However, any good attorney will guide you toward making an educated decision based on the risks and rewards of taking the case all the way. If you have never had a DUI before, your chances at trial may be more favorable than someone with an extensive history of violations relating to drugs or alcohol.
Another consideration is whether there are any other charges pending in the case. For instance, if the officer didn’t just stop you for driving under the influence, but you caused an accident or had something illegal in the vehicle, your case may be more complicated than a straightforward DUI.
The reason that most cases in the US do not go to trial is because defendents are pressured into taking plea deals to avoid harsher consequences for going to trial in Harrisburg, PA. Ideally, you should never feel pressured to take a plea for fear of reprisal, but that doesn’t mean it doesn’t happen. In addition, if you’ve never been charged with a crime before, you may be too inimidated to fight back.
Nevertheless, your DUI attorney can help you assess the real pros and cons of the deal being offered.
One reason that plea deals are so popular is that defendents are afraid to face off with the prosecutor or don’t want to tie themselves up in a court battle that they can’t afford, especially if it means missing work. In addition, fear that the first deal offered is the best deal you’re going to get can also push you to accept something right away.
Before you sign anything, you will definitely want your lawyer to look it over and tell you if that’s really the best you can do. The most important detail will be knowing whether they are offering a guilty plea deal or a no-contest plea deal, which can change the way your charges appear on your record going forward.
In a guilty plea, you are accepting guilt for the charge, and you will be sentenced as if you lost the case in a trial. This is generally inadviseable, and the most common reason your attorney will tell you to go to court and fight it. You probably have nothing to lose by doing so.
By contrast, a no-contest plea means that you are accepting punishment for the charge without necessarily saying that you are guilty. This is better than a guilty plea because it shows up differently on your driving record and your criminal record, and might come with a lesser punishment. A no-contest plea is more common if you have no other criminal background.
Another reason that plea deals are popular is that they give the officer the benefit of the doubt and save them from having to make their case. In reality, the number one reason that DUI cases are reduced or thrown out is faulty police work at the time of your stop. Officers are expected to follow a strict protocol for field sobriety tests, breathalyzers, and everything else they do. If your DUI lawyers can show that any of these steps were not followed, you have good reason to fight your charges.
Regardless of what plea offer was made after your initial charges, you should know that the final decision to go to trial in Mechanicsburg, PA is up to you. You should definitely take your attorney’s advice if they believe that going to trial could cost you more than what was originally offered, but if you still feel that you have a strong case, you can seek alternative counsel or continue to push for a trial as long as you understand the risks.
Before you go all-in on your trial, you should also ask your lawyer what will be expected of you during the trial process. Trials rarely move forward quickly, and there will be long stretches during which it seems like very little is happening in your case. This is normal and the length of your wait will depend entirely on how your municipality handles scheduling as well as how many cases they have coming up.
In addition, you may be expected to show up for multiple court dates, only for the judge to grant an extension or delay your final hearing. In some cases, your attorney can appear on your behalf, but sometimes you have to be present to speak with the judge.
The biggest thing you need to do while you wait for a trial is stay out of trouble. Getting a second DUI or any other charges during this phase will only make it harder for your attorney to help you. Instead, you should focus on making things right by proving that you are stable and not prone to making bad decisions.
If your attorney can’t poke holes in the prosecutor’s case, the next best thing will be to show that you are responsible and taking the matter seriously if you want any mercy from the court. Your lawyer will help you paint the most favorable picture to get a positive result in your case.
If you believe that you were wrongly charged with a DUI or you’re being pressured into taking an unfair plea deal, it’s time to get a DUI lawyer on your side. When you’re ready to fight back, contact the team at Jameson Stone Law and schedule your first meeting right away. The sooner you begin building your defense, the sooner you can get relief from the charges hanging over your head.