Archive for category Court Procedures
DUI Charge Reduced to Reckless Driving
Posted by Steve Oberman in Court Procedures, Frequently Asked Questions, Hiring a Tennessee DUI Attorney, Tennessee DUI Consequences, Tennessee DUI Penalties on November 18th, 2009
We are often asked by clients charged with the offense of Driving Under the Influence of an Intoxicant (DUI, DWI, OWI) about cases where others have had a DUI offense amended to the offense of Reckless Driving by plea agreement. A plea agreement in theory means that the defendant pleads guilty or complies with some other requirements such as payment of a fine or court costs, performance of volunteer community work, etc., in return for an agreed upon disposition.
Most plea agreements are compromise dispositions to avoid the uncertainty and expense of a hearing and/or trial. Any plea agreement must be approved by the presiding judge to be certain the plea agreement is justified by the facts as applied to the law. If not, the judge may reject the plea agreement. Some of the factors reviewed by a prosecutor (in no particular order) include the:
- Facts of the case surrounding the arrest;
- Nature of the offense involved;
- Anticipated credibility of the prosecution witness(es);
- Anticipated credibility of the defense witness(es); and
- Skill level of the defense attorney.
Accordingly, where the facts justify an amendment from the offense of DUI to the offense of Reckless Driving, a plea agreement is reached between the parties to conclude the case in that fashion. Agreements may range from a set punishment on a plea by the defendant to the offense charged, to the prosecution dropping the case entirely.
Readers of this blog should understand that the only reason cases are amended is when the prosecution believes it has a reasonable chance of losing the case. Obviously, the more the prosecution believes it will lose the case, the better the plea agreement that will be offered to the defendant. The prosecution does not want to waste time or effort attempting to convict somebody when the chances of doing so are minimal. Plea agreements are not made on the basis of other factors such as relationships or friendships between the officers, lawyers or judges. Accordingly, a defendant should be wary of hiring a DUI attorney who makes such promises.
What happens at the arraignment for my Tennessee DUI charge?
Posted by Sara Compher-Rice in Court Procedures, Uncategorized on February 6th, 2009
In Tennessee, an arraignment, often referred to as an “initial appearance,” is conducted by a magistrate or judge. The underlying purpose of this appearance is for the magistrate or judge to:
1. Inform you of the offense(s) with which you have been charged;
2. Inform you of your right to a lawyer in every stage of the proceedings; and
3. To schedule your next court appearance on a mutually convenient date for you, the involved lawyers, and the witnesses. An arraignment generally takes place in the General Sessions Court before the preliminary examination (often referred to as a “preliminary hearing”) or trial; or before a formal motion hearing in your case if the case is pending in a court of record such as Criminal Court or Circuit Court.
Because your lawyer must be available at the forthcoming court appearance which is scheduled at the arraignment, it is very important to hire a Tennessee DUI lawyer to appear with you at this initial appearance.