When facing a Driving While Intoxicated offense in Texas, every case, situation, and scenario is different. Every court, county, Judge, District Attorney, and who shows up for jury duty all vary on a case by case basis. Regardless, you will always have a few different options to choose from. To help you make the best decision for your particular case, you need an experienced, skilled, and trained Texas DWI Defense Attorney who has a wide variety of DWI Defense practice (not just from the prosecution side of the table - this is not applicable and does not apply in anyway). At The Law Offices of Carl David Ceder, we will do our absolute best to go over every different option available while guiding you through the entire legal process, including when you decide whether you may wish to plea your case, or set it for trial. To read more about the overall DWI case process from start to finish, please read information located: HERE.
Plea Bargain or Trial?
The webster definition of the term "bargain" is as follows:
1. An agreement between parties settling what each gives or receives in a transaction between them or what course of action or policy each pursues in respect to the other;
2. Something acquired by or as if by bargaining; especially an advantageous purchase;
3. A transaction, situation, or event regarded in the light of its results.
Considering the definition of the word "bargain" - especially in light of it usually being something that is bought, or purchased, to YOUR ADVANTAGE (see point 2) - there is no reason to accept a plea bargain unless it is in your benefit to do so. This is not to say that every DWI case should go to trial in Texas. However, unless the District Attorney assigned to your case is willing to offer you something better and more advantageous than if you opt to go to trial and lose, then by definition, it is not a bargain at all.
Therefore, a "plea bargain" should only be considered if it would truly be something that will result in a better outcome than if you opt to proceed in a different direction. With respect to a DWI case in Texas, then, it seems obvious that because the only alternative is trial, the District Attorney should offer you something better than if you were to lose following a trial in the way of what punishment is assessed. Many times cases can result in a better outcome following a DWI conviction following a trial, either by Judge or Jury, than by accepting whatever plea bargain the District Attorney offers.
Factors to Consider
If you are thinking about taking a plea bargain, there are some factors that you should consider beforehand. For instance, if someone else was involved in an accident or if they were injured during your arrest, the charges can become even more serious. Often it is the case, whether you are at fault or not, the presence of an injured party may cause the judge or jury to find you guilty based on the circumstances. Regardless, all factors, scenarios, and points of concern should be considered when considering how any case should be disposed of - not the least of which is a Texas DWI case.
If it is within our power, The Law Offices of Carl David Ceder may be able to get the charges in your case reduced to a less severe charge. It is often the case, however, that this is only offered when a case is actually set for trial on a contested docket. Regardless of the situation, ultimately the decision whether you decide to enter a plea bargain or not, will be for you to decide, and for you alone. Our office will give you the best advice we can in light of our experience and background. It is always important for your legal counsel to go over your options and the potential results of what you end up choosing beforehand. It is important that your Texas DWI Defense Attorney investigates your case thoroughly to help secure you the best possible result that may be achieved. To this end, the outcome that does result should correlate to whatever supporting evidence, or lack thereof, that is particular to your case.
Contact Us Now
You can contact The Law Offices of Carl David Ceder at anytime for assistance at 214.702.CARL(2275) or at 469.2000.DWI(394). You can also e-mail Carl directly, at Carl@CederLaw.com; or to the office for general inquiries at Info@DFWDefenders.com. Phones should be answered 24 hours a day/7 days a week for immediate and prompt assistance. E-mail messages will try to be responded to with 24-48 hours, depending on whether Carl and his team is in trial and/or is busy working on a case for a contested hearing.