Pleas in a Connecticut DUI Case

There are three main pleas available to those facing a DUI in Connecticut. Many people have seen a court case play out in some capacity on television or in movies and know that defendants must plead either guilty or not guilty. Whether a defendant pleads not guilty or not, it does not necessarily mean that the case immediately goes to trial and is determined by a judge or jury.

Between these two phases, negotiations between the prosecutor and the defense attorney take place. During these negotiations, the prosecutor will often offer the defense what is called a plea deal. A plea deal involves some sort of exchange that requires the defendant to forgo exercising their right to take the case to trial but receive a more favorable outcome and allows the prosecution to resolve the case faster and not risk a possible not guilty verdict after trial. Learn more about pleas and the options that you have here.

Three Pleas

There are three pleas that are commonly used in court, and each has its own route as the case continues through the court system. If the defendant pleads guilty as a result of a plea deal or not, the defendant is forgoing their right to go to trial and accepting the charges that are presented.

Another plea is called nolo condendere, which is effectively a guilty plea where the plea cannot be used against the defendant in future civil or criminal trials. Another similar type of plea is an Alford plea, which is also effectively a guilty plea where the defendant forgoes going to trial but does not admit to guilt, but rather concedes and chooses not to fight against the charges.

Lastly, a defendant can always plead not guilty, which means that the defendant is not forgoing the right to go to trial but instead signals to the court system that the case will move forward for further negotiations and possibly trial.

Unlike the way court cases are portrayed in the media and on television, a majority of criminal cases actually end in pleas and plead deals rather than trials. Plea deals are a form of bargaining between the prosecution and the defense. In Connecticut, there is a large number of cases that go through the court system, and if every single case was dragged all the way to trial, it would place a tremendous burden on the system. However, every defendant still has the right to decline all offers from the prosecution and choose to take their case to trial.

Pleas and Plea Deals

Plea deals can do some of the following things for the defendant that accepts one. Some deals include a reduction of a felony charge to a misdemeanor or infraction so that the defendant’s criminal record and possible penalties are less severe. A deal can also include pleading guilty to one charge in exchange for the prosecution dropping another charge. The prosecution can also offer a reduction of a sentence if the defendant pleads guilty. Plea deals could also offer the defendant lesser charges or penalties in exchange for information or assistance in another prosecution of someone else.

There are several important factors to take into consideration when contemplating a plea deal offered by the prosecution. For one, the defendant, with their attorney, must consider the strength of the prosecution’s case against the defendant. A good defense attorney will investigate and evaluate the evidence that the prosecution has and whether there is a strong chance of getting an acquittal at trial or not. Another factor to consider is the consequences of the plea deal offered.

Some pleas offered by the prosecution are so lenient that it can be very tempting to take the deal rather than risk getting the maximum penalties if convicted. However, lenient deals could still have long-lasting consequences like a criminal record, and even more serious, loss of custody of their child or deportation. Again, evaluating the strength of the prosecution’s case is important here because if acquittal is attainable, it may be worth the risk of going to trial rather than taking the plea.

When a prosecutor offers a plea deal, and the defendant accepts the plea deal with the assistance of their attorney, the plea must be done in front of the judge in open court. The prosecutor and the judge work together but also independently, meaning that the judge does not necessarily follow everything that the prosecutor says, and the judge has the final word. The judge does not automatically accept the defendant’s plea. Instead, the judge will analyze the circumstances of the particular case and make sure that the defendant fully understands the consequences and benefits of the plea they are attempting to take.

If you have been charged with a crime in Connecticut such as a DUI and are going through the court system, you will need an attorney who can investigate and evaluate the case, negotiate the case with the prosecutor, and navigate the complications of plea deals offered by the state. If you have been charged with a DUI in Connecticut, call Lady DUI today to get assistance with your case.