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  1. #1
    cadillaclimo is offline Member
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    Plea Bargain in PA......is it possible??

    What is the name of your state (only U.S. law)? PA

    I posted awhile back if anyone wants to read the long version....BUT...Long story short......Second DUI in 10 years (one month short of 10 years....ugh). No accidant or damage, he was pulled over for a burned out headlight. BAC is listed as over .16 although on the police record it shows .77 which is probably a typo (he'd be dead) so we have no idea what it actually is.

    I've been researching and also know a couple of people personally who got plea bargains, like DUI's reduced to reckless driving, etc. I talked to a retired state police officer that said they do it "All the time", But lawyers I've contacted say it's very rare? But yet I know a guy who had 3 DUI's and got out of the last one.....it was plea bargained down to a reckless. And I know of a guy who KILLED SOMEONE, and plea bargained down to just 2 years WITH work release!!

    My BF says he's just gonna get 6 months jail, no license for XX time, thousands in fines, no sense in fighting it, just go with a public defender**************I say ** NO ** plead Not Guilty and take it to jury trial (thinking he can get a plea bargain to lesser).

    Can anyone give me any info on plea bargains? We aren't rich (actually almost poverty income), but I just want to see him get his life back, and a plea bargain seems like the only way. A 2nd DUI is gonna destroy him.

    PLEASE...no sarcastic remarks.
  2. #2
    FlyingRon is offline Senior Member
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    May be .17 (slightly sloppily written).

    Whether a plea bargain would even be considers depends on the county (and which DA/ADA you get in the prelims). Plea bargains are possible, but a second offense and high BAC work against him. A lawyer, especially one who is ready to go to trial, will give you your best chance at a bargain.

    Public defenders are not some default you get when you are unwilling to pay for a lawyer. It is for the indigent who truly can not pay for one.

    While six months jail time is possible, the minimum is only 5 days, and he probably already gets credit for the first. He'll get a fine from 300 to 2500 dollars (plus costs which will probably run around $1500), he'll do traffic school again, he'll be mandated some alcohol treatment, he will be suspended for a year and need an ignition interlock for a year after that.
  3. #3
    foot is offline Member
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    I went through the same thing last year in delco, although my BAC was not that high. the five day sentence is for BAC of .080-.099. The standard deal offered in my county for BAC over .16 is 15 weekends in county prison, followed by 60 days on house arrest. If you are in delco I would not count on having this charge dropped to anything less serious. A lawyer is a big help if you can find a way to afford it.
  4. #4
    InsaneJane is offline Member
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    Shop for a lawyer that is willing to fight.
  5. #5
    cadillaclimo is offline Member
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    Thank you all for the replies. I am in Beaver County, is anyone familiar with that county to give us an idea what to expect? Super strict, etc? My BF went to the public defenders office this morning at 8 am, and got a really bad feeling about it. He said it was super crowded, and they told him he'd be there all day waiting to see a lawyer. Although he is VERY poor financially, he decided to do whatever neccessary to come up with money for a good lawyer. He phoned my at 8:45 after sitting in the PD office watching the other people, and told me to find him a GOOD lawyer. SO, he's selling tools (his livlihood, a carpenter, although this time of year it's slow), whatever. I feel bad for him, but hopefully it teaches him not to drink & drive in the future

    The .77 was actually typed in on the paperwork, so couldn't have been a sloppy written .17. But probably a typo still. With any luck, maybe it'll come out to be a .07

    He has to go for some Crinn Evaluation next, what exactly is that?
  6. #6
    SIN EATER is offline Member
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    Most Prosecutors are totally prepared for DUI trials.
    They are pretty easy, and few elements to prove up.

    Defense Lawyers may charge a lot, say they are ready for trial & will take the Prosecutor apart, but the stats show the truth. They may get paid a lot, but their results are questionable.

    Most trials are won by the Prosecutors (because we, the citizens, don't want impaired drivers amongst us). The facts will determine how the jury will vote.

    The best deals offered by the Prosecutor are usually the first offers (early disposition plea bargains). Once a Prosecutor starts gearing up, they may as well take the case to trial instead of offering a generous plea bargain.

    Downward pleas on a second are rare, as the Prosecutor (& Judge who has to 'bless' the plea bargain) are too afraid that a repeat offender will kill the next time & no one wants their name associated with treating a potential killer lightly (most Judges have to run for election).
  7. #7
    paguy88 is offline Member
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    He has to go for some Crinn Evaluation next, what exactly is that?
    it will evaluate you involvment with drugs and booze.. and determine what classes you have to taking...

    expect to have to attend AA meetings as part of this and the standard 12.5 hr class and another 12.5 class for further treatment.

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