Do Judges and DA's really care?

[JV25]

What is the name of your state?
California

My question is this, and I mean no disrespect... Do Judges and District Attorney's really care about the persons circumstance they are in? Like let's say there's one guy who has a huge criminal background and nothing going for him in his life... and then there's me... clean as a whistle and I have a job opportunity with a high profile company. Do judges and DA's really care about your background is and upcoming opportunities or are they just happy to give out convictions? I would do anything for a Wet Reckless or lesser charge, but I'm thinking because I blew a .09% I'm screwed. What are your thoughts?

[tranquility]

No. I think they don't care. While there are people who do care, when one is a cynic, one can best predict what will acutally occur. What is the judge's motivation? What is the prosecutor's motivation? Only if fairness benefits them is it profitable to predict they will be fair.

[CdwJava]

I differ.

While some may not give a rat's hind end about the person before them, I believe most do. The career criminal is less likely to get a plea deal or a reduced sentence than the fellow who has otherwise minded himself throughout his life.

I cannot recall either a judge or a DA who cannot be seen to show to have a bias for those who are generally "clean."

- Carl

[>Charlotte<]

Also, many of the sentencing guidelines to which these court officials refer have graduating degrees according to the number of past convictions. So, obviously, a defendant's criminal history (or lack thereof) does matter.

That being said, I'm sure these same officials understand that both a career criminal and a first time offender pose the same threat while driving under the influence.

[garrula lingua]

The background is irrelevant in proving the offense:
just because A was convicted of DUI on two prior occasions, that should not be a basis for finding A was DUI on occasion #3.
likewise, the fact that B never before drove under the influence, is not admissible to show he was not DUI on this occasion.


... In CA, it is inadmissable as to priors (unless the defendant screws up and testifies as to a prior). If a cop or Prosecutor alludes to a 'prior', it is a mistrial.

However, that fact affects sentencing.
Priors are considered an 'aggravating circumstance' which allows for heavier sentencing.
Squeaky clean records, before the offense, are 'mitigating circs' which allow for light sentences.


OP: if your BAC was .09, your case may be triable. Speak with a defense attorney.

In negotiations, a Prosecutor may offer/accept a 'wet and reckless' (VC23103 per 23103.5) as a reduced charge for a borderline DUI case.
A .09 may be borderline.
Some crim defense attorneys who are good negotiators may talk a Prosecutor into a 23103 in return for an alcohol class, community service, (the Hospital and Morgue program in L.A.) higher fines, or a longer, out-patient alcohol class or 3 AA meetings a week for three months, etc. ... it's entirely up to the Prosecutor to reduce the charge or go forward as charged.
Go over the facts of your case - if the case is triable, hire an attorney who can negotiate as well as litigate.
If you have no intention of going to trial, hire a good defense atty negotiator.
Ask the bailiff in the courtroom about attys - they usually know the triers and the negotiators.

[VeronicaLodge]

my question is this, and i also mean no disrespect, just something to ponder. why should the judge and DA care more about your circumstances and future than you did. you knew what you had to lose by drinking and driving, you knew what your future could have been, yet YOU and only YOU made the decision to risk it all and break the law. why is now someone elses fault and responsibility relative to how this plays out and how it affects YOUR future? I'm just curious.

[JV25]

Originally Posted by garrula lingua

OP: if your BAC was .09, your case may be triable. Speak with a defense attorney.

In negotiations, a Prosecutor may offer/accept a 'wet and reckless' (VC23103 per 23103.5) as a reduced charge for a borderline DUI case.
A .09 may be borderline.
Some crim defense attorneys who are good negotiators may talk a Prosecutor into a 23103 in return for an alcohol class, community service, (the Hospital and Morgue program in L.A.) higher fines, or a longer, out-patient alcohol class or 3 AA meetings a week for three months, etc. ... it's entirely up to the Prosecutor to reduce the charge or go forward as charged.
Go over the facts of your case - if the case is triable, hire an attorney who can negotiate as well as litigate.
If you have no intention of going to trial, hire a good defense atty negotiator.
Ask the bailiff in the courtroom about attys - they usually know the triers and the negotiators.

Thank you for this information. I actually have already hired an attorney and I was wondering this... When an attorney is negotiating plea bargains, before they reach an agreement, does the lawyer typically call his client before they make the plea aggreement? The reason I ask is because if I'm not happy with the plea offer, then I would possibly want to take my case to trial. I am most likely not going to appear in court (atleast for the first couple of appearances), but I want to make sure I am aware of the plea offer before a final decision is made. What do you think I should do?

[Silverplum]

Originally Posted by VeronicaLodge

my question is this, and i also mean no disrespect, just something to ponder. why should the judge and DA care more about your circumstances and future than you did. you knew what you had to lose by drinking and driving, you knew what your future could have been, yet YOU and only YOU made the decision to risk it all and break the law. why is now someone elses fault and responsibility relative to how this plays out and how it affects YOUR future? I'm just curious.

Seconded, with extra wondering on top.

[CdwJava]

Originally Posted by JV25

Thank you for this information. I actually have already hired an attorney and I was wondering this... When an attorney is negotiating plea bargains, before they reach an agreement, does the lawyer typically call his client before they make the plea aggreement? The reason I ask is because if I'm not happy with the plea offer, then I would possibly want to take my case to trial. I am most likely not going to appear in court (atleast for the first couple of appearances), but I want to make sure I am aware of the plea offer before a final decision is made. What do you think I should do?

Your attorney SHOULD consult with you prior to making such an agreement with the DA. And, in any event, you will have to agree to it in court before a judge before it is final, anyway.

A first offender in CA may well get the 23103.5 offer as garrula suggested. In my experience, this is quite common for even .09 cases.

- Carl

[garrula lingua]

In CA, an atty can appear for a defendant in a misdemeanor case.

If the Judge approves, the defendant doesn't have to appear, even to plead - the plea can be done with notarized Tahl waivers.

I would advise a defendant to be present at every court hearing.
How many times in your life will you have to appear in court (hopefully very few) ?

I'm too much of a control freak to allow any one (atty) to have that much say over my future ... I've also seen too many defense attys keep continuing a case in order to charge a higher fee.

Most good negotiating attys resolve the case in the first or second appearance, unless they're waiting for lab tests or videos, etc.
Prosecutors frequently make the best offer at the first appearance (early resolution offer); when a case drags on, the offer usually gets worse & the Prosecutor gets sick of carrying the darned file (along with forty others) back and forth to court.

OP: go to court for each appearance. Thuis is YOUR life, not your atty's.

Any time a Prosecutor makes an offer to a defense atty, that def atty is required to remit the offer to the defendant.
However, I've seen many cases where def counsel turned down an offer without speaking to their clients, saying they were told previously not to accept, only to have the def switch attys, take the same offer, and swear they were never offered the plea.

Whenever my offer was refused, I would put the offer and the fact that defendant refused the offer on the record - often, the hearing was stopped because the defendant was never told of the offer and wanted to accept.

When your face is there, in front of the Prosecutor and your atty, their attention is on YOU.
Many times, an atty will run in and reset his/her five cases; none of them leave any impression, it's just dragging the case on and further billing.
Your shiny, well-dressed, concerned face does have an effect on the Prosecutor - the Pros. will look at your record and your appearance (you don't have 'f the police' tattooed on your forehead, or an obnoxious tshirt), in making an offer.

OP, are you paying per hour or a flat fee ?
How much more money to take the case to trial ?
How many attys did you interview before hiring this atty ?
How does your atty perform in court ? Do staff greet him ? How does he interact w/Prosecutor ? Judge ?
What offer was made at the first appearance (the best attys DO get an offer at the first appearance) ?
You need to be checking everything out, it's your future.