If you have been involved in drunk driving accident in Austin or any other Texas roads or highways, you will have to go through the legal process whether you are the victim or the at-fault party.
If you are a victim you need to be prepared to navigate an extensive legal process with motions and stalling techniques by the defense. While the courts do their best to ensure justice is served, there are times when victims and their families think otherwise. This is especially true in the case of a plea bargain.
According to Austin, Texas drunk driving accident lawyers, many criminal cases are resolved out of court by both sides reaching an agreement known as a plea bargain. For the most part, it is an agreement between the prosecutor and defendant whereby the latter agrees to plead guilty to a specific charge(s) in return for a reduction of sentence or dropping of some charges by the prosecutor.
In such cases, both sides are spared the uncertainty of a trial while the court system is saved the burden of conducting a potentially lengthy and expensive trial. In addition, defendants can avoid the risk of tougher punishments and the cost of defending themselves. This also helps move cases through the legal process more efficiently. If you need Austin drunk driving legal help you can press right here. You may have had some bad luck but with this site, your luck may have just improved.
Benefits of a Plea Bargain
Just because a DUI offender may enter a plea it doesn’t mean he/she gets away without any consequences. While there is a chance the drunk driver that caused your accident may be set free, his criminal charge will remain on record although it may be less socially stigmatizing. In addition, the defendant gives up the right to appeal.
A defendant may even enter a plea bargain to move from jail to prison in order to derive some benefits if jail conditions are worse than prison conditions. In addition, the defendant will know how long they are likely to be in rather than wait endlessly for their sentencing to be given while in jail.
Factors involved in a plea bargain
Austin, TX drunk driving accident attorneys warn that prosecutors always consider plea bargains seriously prior to entering one with the defendant. There are several factors that influence their decision. This includes the defendant’s criminal record, strength of the case, and the feelings and wishes of the victim and their family. Other important aspects include the judge and jury, which could also have an impact on the outcome of the trial.
While the prosecution and defense attorneys may reach a plea bargain, no deal can be reached unless it has the approval of the judge. The presiding judge may deny a plea and take the case to trial or order the two sides to reach a different deal.
Your rights as a victim
If you are a victim in a drunk driving crash, you have every right to question the prosecutor and understand why the defendant has been offered a plea bargain. The prosecutor could have a valid reason for making a plea bargain. However, make sure you have a stellar Austin drunk driving accident lawyer by your side so that you receive justice and get the compensation you may be entitled to.
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