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Hi there, I'm Charley Mann and I'm talking with Northern Virginia criminal defense attorney
James Abrenio. James, one of the questions I'm sure that you get from clients, or potential
clients, is whether or not they should go to trial for a DWI offense or accept some
type of plea agreement. What is the process that you go through or you guide your clients
through when deciding go to trial versus accepting a plea agreement or even trying to get a plea
agreement. I'm gonna give the typical lawyer answer and it says: it depends on the case,
it depends on the circumstances. This is a very important question, that you always have
to pose to anybody who represents you for a DUI. Number one, an attorney has to be prepared
to go to trial in every circumstance. You gotta be going to court ready to go to trial,
even if you know you're probably going to lose. Because really the purpose as council
is to get that individual either a not guilty if you can, or if it looks like it's gonna
be a difficult case, to get the best plea agreement possible. So, what our job to do
is to educate the client. Are there possible defenses to the case? Are there missing witnesses?
Is there something there that allows me to gain leverage at trial. But on the other side
is, is the prosecutor making an offer that's reasonable? That, based on the circumstances,
based on your own personal preferences, and based on the law, it's beneficial for you
to take a plea agreement versus going to trial. So that may mean, in some cases, where they're
willing to change the DUI to like a reckless driving. In some cases that's great. In a
lot of cases, maybe if you think you can win at trial, then that's not so great. It may
be you're required under the statute to serve a period of mandatory jail time, and the prosecutor
offers you something that allows no jail time, or less jail time that would be required.
Or, maybe you're avoiding - in very serious cases where you're being charged with a felony
DUI, they're allowing to amend the felony DUI to a misdemeanor, even though you've gotta
serve some jail time. So, should you go to trial is gonna be a very factual specific
question. You're gonna have to talk to your attorney in very real terms. He's gonna have
to be honest with you about the risks of it. You've gotta be willing to listen to those
risks, 'cause there are risks going to trial even if we're confident we're gonna win, things
happen.