In The Majority Of Cases, A Prosecutor Will Consider The Strength Of The Case Before Offering Plea Bargains

Interviewer: Do plea bargains sometimes go outside the norm and take into considerations?

Michael Kramer: Yes-always. There are a minority of cases where plea bargains are more or less automatic. But for the overwhelming majority of cases, a prosecutor wants to consider the strength of the case, as well as the background of a defendant. So it’s up to a criminal defense attorney to point out weaknesses in the prosecution’s case and to point out favorable factors in a defendant’s background and lifestyle that would aid a prosecutor in evaluating his case and determining the appropriate plea bargain.

Plea Bargains Generally Available to DUI Offenders in New York

Interviewer: If I had a DUI or DWI, what sort of plea bargain might be available or might be offered?

Michael Kramer: When someone is charged with a DWI- usually the best plea bargain that will be available is a plea to a DWAI. So instead of driving while intoxicated; the lesser charge is driving while ability is impaired.

Interviewer: Now what does the DWAI stand for again?

Michael Kramer: Driving while ability is impaired – it’s a lesser charge.

Accepting an Offer of a Plea Bargain Varies Individually

Interviewer: In the instance of a DWAI being offered, Can we try to fight this instead? Or do you think the better option would be to take the plea bargain in that situation?’

Michael Kramer: It varies individually. You always have the option to reject a plea offer and go to trial. That right maintains itself throughout the proceedings. Whether you accept a plea bargain on a DWI case is a personal decision based on such factors as: How is it going to affect my employment? How is it going to affect my car insurance? How is it going to affect my family, my livelihood – all of these things are taken into consideration. But most people faced with the prospect of going to trial and being possibly convicted of a DWI misdemeanor; choose not to risk if they can get the charge reduced to a DWAI violation. This will not result in a criminal record and not expose them to the harsher sentence provided for a DWI conviction bargain.

If There is Strong Evidence To Counter Prosecution’s Charges Than A Plea Bargain May Not Be Accepted

The only times you would not accept a plea bargain in a DWI case, is when the evidence that you have available to counter the prosecution’s case, is so strong that it would indicate that you were not impaired to any extent – and that is a very high standard. After all, it would not pay to go to trial on a DWI case, if the best you can do is achieve a DWAI conviction, which you could have obtained by a plea bargain.