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Law Offices of Aaron Bortel

Negotiating A Plea Deal In Marin County DUI CaseIn this article, you can discover:

  • The role and responsibilities of the prosecutor in negotiating a plea deal in Marin County DUI cases.
  • The importance of understanding the tools and testing mechanisms used in DUI cases and how they can impact your case.
  • Why having a knowledgeable lawyer can make a significant difference in the outcome of your DUI case in Marin County.

What Is The Role Of The Prosecutor In Negotiating A Plea Deal Or Settlement In Marin County DUI Cases?

In Marin County, the role of the DA or prosecutor depends on whether the DUI case is a misdemeanor or felony. Most DUI cases in Marin County are misdemeanors, where the offense is not a fourth-time DUI within 10 years and there’s no serious injury from an accident to classify it as a felony.

In these common misdemeanor cases, Marin County employs a number of different negotiation methods, including using an “expeditor” who is essentially a seasoned prosecutor responsible for negotiating DUI charges before the case goes before the court.

How Does The Defense Interact With The Expeditor?

Defense attorneys present their findings from their investigations to the expeditor, who then determines what actions the state is willing to take based on what has been uncovered. Expeditors use a standard guideline to make these evidence-based offers, so the aim of defense attorneys is to show the case from their client’s perspective and push for case dismissals, charge reductions, or reduced consequences.

How Can Investigating DUI Testing Mechanisms Impact The Outcome Of Your Case?

In DUI cases, defense attorneys request records on the breath testing devices used—preliminary and evidential devices. For blood tests, they check the devices and the chromatogram, which tests the blood sample. If there are issues with testing, such as contamination, or procedural errors made by the police officers during the arrest, these findings can be used to negotiate a better result with the prosecutor. This is one of the key reasons why working with an attorney is so important.

What If The Prosecutor Doesn’t Agree With The Defense’s Findings?

Prosecutors should consider evidence indicating potential problems in their case, and if it’s compelling, react by dismissing or reducing the charges. But sometimes, the prosecutor might overlook significant details. In such cases, the defense can escalate the matter to the prosecutor’s supervisor.

How Strict Are DUI Laws In Marin County?

DUI laws in Marin County, like most counties in California and particularly in the San Francisco Bay area, are stringent. Dismissals are rare, though charge reductions are more common. The key is showing the prosecutor that reducing or dismissing the charge is appropriate for a particular case.

Are There Any Other Factors That The DA’s Office Considers?

Yes, collateral consequences, like immigration issues or impacts on your job, especially in professions like the medical field or therapy, are considered during negotiations with the DA’s office. With the help of your attorney, a collateral consequences letter can be presented, indicating the ramifications of a case on your life, which might lead to a reduction of charges.

What Is The Final Recommendation For Someone With A DUI Case In Marin County?

If you find yourself facing a DUI case in Marin County or any other county, it’s crucial to hire a knowledgeable attorney. They can help navigate the complexities of the legal system and fight for the best possible outcome for your case.

For more information on Negotiating A Plea Deal In Your Marin County DUI Case, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 886-6333 today.

Aaron Bortel

For A Free Case Evaluation
Call Us 24/7: (415) 886-6333
Text Us Now: (415) 799-3419

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