If Iam being prosecuted by the police department for a DUI, will I be offered a plea deal?

UPDATED: Oct 17, 2010

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If Iam being prosecuted by the police department for a DUI, will I be offered a plea deal?

I was arrested by the police for driving under the influence of prescription drugs 1 1/2 years ago (I don’t even know whether it is a felony or misdemeanor). They have a lengthy reputation for racial profiling (I am white, though have many friends who are not), harassing town locals, and doing everything they can verging on corruption for securing drug arrests. I have acquaintances willing to testify as witnesses. I wasn’t read my Miranda rights, nor given a phone call at any time. Also, I was pulled over during a “jay walking sting”. I was under a doctor’s care, meaning I was taking meds – narcotics for pain and had a prescription. Should I speak with a criminal law attorney? I’m in Marin County, CA

Asked on October 17, 2010 under Criminal Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

A DUI triggers both a criminal and a civil case.  And anytime criminal charges are involved, an attorney should be consulted.  The fact is that this area of the law can be highly technical.  Accordingly there are defenses that can be enlisted in your case which could result in reduced charges or an outright dismissal.  Your best bet is to now consult with a DUI attorney in the area where all of this occurred.  In addition to any legal arguments that can be made on your behalf, an attorney who practices in the area where all of this occurred will also have contacts within the local court system that they can utilize to your best advantage.

Note:  The Miranda warning must only be given if a person is in custody andthen questioned.  Any questioning before being taken into custody is legal.  However, if a person is in fact in custody and subsequently questioned without being "Mirandized", then any statements then made cannot be used.  The 2 exceptions to this: the statements were voluntarily and knowingly made any way (ie the defendant waived his rights); or the questioning incidental to the booking process (ie. name, address, etc).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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