Facing a DWI charge in New York can be a harrowing experience—the fear of losing your license, hefty fines, and the possibility of facing jail time can leave anyone uncertain about their future. Therefore, one of the biggest decisions you need to make is whether or not to accept a plea deal or fight your case in court. The choice you make will undoubtedly have serious long-term consequences, which is why you need guidance and expertise from an experienced car accident lawyer in New York.

In this post, the team at Gabriel Law will be lending our hand in explaining the pros and cons of accepting a plea deal versus going to trial, helping you understand what’s at stake and what would be the best decision for your future.

What is a plea bargain in a DWI case?

A plea bargain is an agreement reached between the prosecution and the defense where, instead of going on to a full trial, the defendant agrees to plead guilty to the offense for a reduced charge or more lenient sentence.

In terms of DWI cases, you will see plea bargains take shape when a driving while ability impaired (DWAI) is reduced from a criminal misdemeanor to a mere traffic infraction, and in cases of reckless driving where the defendant pleads guilty to avoid harsher DWI penalties.

What are the pros and cons of accepting a plea bargain?

A plea bargain in a DWI case can be a lifeline or a shackle; it all depends on the circumstances of your case. Therefore, it is important to consult your attorney and understand the nature of your case and the pros and cons of accepting a DWI plea bargain.

The possible advantages of accepting a plea bargain are:

  • Getting a lighter sentence—Instead of facing jail time and receiving a permanent mark on your record, the prosecutor can knock the charges down to a simple misdemeanor or traffic infraction, especially if you’re a first-time offender.
  • Quick resolution—Once both parties have agreed to the terms of the plea bargain, it’s simply a matter of letting the courts know. This will only take a couple of minutes, a better alternative than spending weeks and months on end in trial.
  • Certain outcomes—A trial can be incredibly unpredictable, especially with a jury involved. So, knowing the circumstances of your case, if you are not willing to hedge your bets, a plea bargain is the best choice.
  • Protect your record—As part of the plea bargain, you can ask to keep your criminal record clean. A clean criminal history is vital for future employment and professional licenses.

However, a plea bargain can be a double-edged sword, and there are several drawbacks to accepting plea deals. These drawbacks include:

  • Waiver of rights—When you accept a plea bargain, you will lose the right to confront witnesses and use your right against self-incrimination.
  • Limited appeal rights—Once a plea has been accepted, it will be difficult to overturn, even if new favorable evidence is discovered afterward.
  • Permanent criminal record—Sometimes, you might not be able to convince the prosecution to keep the offense off your record, leading to a permanent entry in your criminal record.

When should you go to trial?

Sometimes, accepting a plea deal may feel like a cop-out, and you would like your chances more in trial. While trials can go on for a long time and the jury can be quite unpredictable, there are several situations when going to trial is the better alternative. They include:

  • Weak prosecution case—The prosecution might try to offer a plea bargain as a compromise. But you are more likely to have a better chance of being acquitted at trial. During trial, your Queens car accident lawyer will have to show that the prosecution has not proved the charges beyond a reasonable doubt.
  • Suppressed or illegal evidence—If the police or any other authority involved has not followed proper procedure or gathered evidence illegally, the evidence can be thrown out, which just might be enough for the State to drop the case.
  • Chance of acquittal—Only in a trial will you be found not guilty of charges. When you are acquitted, your name is completely cleared, and you can move on from the incident.

Conclusion

When facing a DWI charge, you have the option to take a plea or take your chances in court, with each path having its pros and cons. No matter what choice you make, you need the guidance, legal knowledge, and expertise that only a personal injury law firm NYC can offer.

At Gabriel Law, we understand how stressful and confusing the choice you have to make can be. That is why we are here to tell you everything you need to know and guide you every step of the way, ensuring that your rights are protected and that you get the care and support you need. Contact us to schedule a free consultation, and let us fight for your future.