Open Pleas for Los Angeles DUI

DUI Open PleasWhen a defendant is arrested for driving under the influence, the matter will be referred to a prosecutor who is responsible for filing the case with the court. After the defendant’s initial arraignment, there may be several court dates during which additional evidence is provided to the defense as part of the discovery process. Every defendant is entitled to a trial by jury, however there is often an effort to try and resolve the case by working out a plea deal. If the defendant goes to trial and is found guilty, he or she can potentially be sentenced to the maximum sentence allowed by law, which is six months in jail for a first-time DUI. While plea negotiations are generally conducted with the prosecutor, there are situations where pleading open to the court may be the defendant’s best option.

Prosecutor Deal for DUI

The Court encourages parties to resolve their case without trial and prosecutors will typically make the defendant an offer. In reaching a plea agreement, there may be extensive plea negotiations between the prosecution and defense counsel. After reviewing additional discovery material and conducting an independent investigation or testing, the defense may be able to use exculpatory evidence to show why charges should be reduced or even dismissed. The assistance of an experienced Los Angeles DUI Lawyer can be critical in ensuring that his or her client is placed in the best position possible.

In some cases, the prosecutor may not make an offer that is acceptable to the defense. Many prosecutorial offices have strict guidelines regarding DUI cases and calendar deputies may be unable to make an offer that violates office policy. In these cases, it may be in the defendant’s best interest to plead open to the court.

Ultimately, a judge is responsible for sentencing a defendant who has been convicted of a DUI or any other criminal offense. While a judge will usually go along with the terms of a plea agreement, they are not required to and can ultimately reject a plea where they believe the agreed-upon sentence is not appropriate. If the defendant does not agree with what the prosecutor is offering, he or she can plead open to the court and the judge can sentence the defendant directly. The judge can choose to ignore the prosecutor’s recommendation and can undercut what is being offered.

In many cases, the prosecution and defense may meet with the judge in chambers or at a bench conference. The defense can argue the defendant’s case to the judge, who may give an indicated sentence. While the prosecutor would be involved in this conversation, the judge may choose to overrule the prosecutor and undercut his or her offer. Being represented by an experienced Los Angeles DUI Attorney who is highly respected by judges and prosecutors is crucial in getting the best resolution possible in these types of situations.

If the defendant chooses to plead open to the Court, he or she would have to plead to all counts that have been charged. In most DUI cases, the prosecution will charge one DUI count in violation of California Vehicle Code Section 23152(a) VC and one count of driving with a BAC of 0.08% or higher in violation of California Vehicle Code Section 23152(b) VC. However, California law says that a defendant can only be sentenced for one DUI offense in the same case, and the counts would merge at sentencing.

If you have been charged with a DUI offense, it is critical that you speak with a Los Angeles DUI Attorney right away. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Attorney Michael Kraut is highly respected by judges throughout the court system and knows when an open plea may be the best option for his client.

For more information about Los Angeles DUI open pleas, and to schedule your free consultation, contact Michael Kraut at the Kraut Criminal & DUI Lawyers located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

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Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan
I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel
Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.