What Are The Ramifications Of Just Pleading Guilty?
You should definitely never just plead guilty. That would be tantamount to standing at the edge of the cliff and then deciding you might as well jump because you could see there was something below you.
It really does not make any sense, which is why it is so important to decide on what to do next after you speak to a qualified attorney who can advise you of all serious ramifications of doing so.
Let us suppose, you were charged with a misdemeanor. If you plead guilty to the misdemeanor and are arrested within 10 years under suspicion of driving while intoxicated, then all of a sudden, it will be charged as a felony.
It Would Be A Mistake To Not Take Your First DWI Seriously And Not Hire An Attorney
People who are charged with a first-time DWI often do not want to spend the money to hire a good attorney. They may not think they have the time or they simply don’t want to keep coming back to court, which is why they would decide to just take the misdemeanor conviction on the first arrest.
That person might not have the type of job where background checks would matter, so they would not see how the DWI charges can possibly affect them. People generally do not think about how many times they will be on the road in the next 10 years, and that they would inevitably be arrested at some point.
You will not necessarily get arrested because you were driving drunk, because you can also get arrested under suspicion of driving drunk, which would be a felony. It would suddenly be a very serious crime, which makes it a much more difficult case to fight. It would be a case where if you are convicted, the ramifications will much harsher than the initial misdemeanor case.
This is why it is very important to have someone who knows what they are doing, to take a look at your case even if you think you will surely lose.
An Experienced attorney Is Able To Find Details In The Case To Help Reduce Or Drop Charges
When we look at a case, we often find that the devil is in the details. We are able to find nuanced issues that we can parlay into getting better deals for clients, as compared to people who have been arrested for the first time.
Defending a DWI can be a highly nuanced game and it is something where you will really need to understand what you are doing in order to spot all issues and get the best results for yourself.
There Is No Mercy Of The Court
There can be many different ways to negotiate a criminal case. One tactic is to not really focus on the evidence but to instead discuss the possibility that although the person may well be guilty, he or she is a good person and they have never been in trouble so they deserve a break.
The other issue to look at is the value of the evidence. An attorney can tell the prosecutor they believe the State cannot prove their case at trial, because a skilled attorney will be able to leverage issues they found so that they can get a better deal.
There would, of course, be an aspect of the mercy of the court but since every court has a different judge, it is very abstract as every judge has a different way of handling his or her courtroom.
It is important to have an attorney who is familiar with the judge, prosecutor, the court, the system and the rules and who has previously practiced in that court so they are confident and familiar with the proceedings.
For more information on Why You Should Fight Your Case And Not Just Plead Guilty, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (212) 500-3273 today.
Russ Kofman is a founding partner in Lebedin Kofman LLP. He has extensive litigation experience defending clients accused of felonies, misdemeanors and DWI/ DUI crimes.