Can I meet with the DA ahead of court date to plead guilty & see what they offer me?

Can I meet with the DA ahead of court date to plead guilty & see what they offer me?

What is the name of your state? Minnesota

Hi - I had posted here before, and after reading tons of other cases, I am most likely just going to plead guilty/no contest to the DWI charge and hope for the best. Already, I have joined a group with MADD, am planning on attending a Victim's Panel Meeting, have increased the volunteering that I already do with the charity foundation I have been a part of for the past few years, and am looking into completing an alcohol education class(es).

I don't expect to ask the court to lessen my charge because I don't believe I am "not guilty" or any of that, I am truly sorry for what I have done, and am totally shaken up by this event...I am scared to even touch alcohol ever again!

I am just wondering if it's possible to meet with the DA in advance, and ask what she is offering or to just plead out right away, or ask that he/she not request jail time. I have a full-time job, and I really am in fear of losing it if I had to do jail time. I will do community service or whatever else, in addition to my fines. I just had the lowest possible DWI, with no aggravating factors.

Please let me know if this is an option...to get this done ahead of time, rather than having to wait until my court date in a month, or if I can meet with the DA to see what they're planning on offering if i just plead guilty.

Thanks so much for any advice you can offer...

A lawyer will do the best job at negotiating with the DA or finding other ways that will work with the court to mitigate your sanctions.

I understand that, but I have spoken with other lawyers and they even seem doubtful that I could get my misdemeanor lowered to a lesser crime because I blew a 0.13. Minnesota is very tough on that. Plus, I have heard of some situations with friends of friends whose lawyers tried to plea-bargain to get them off the DWI, and it turned out worse for them.

Minnesota does not offer diversion programs, or a "deletion" of the crime from your record if you make it through your probation. I know I screwed up horribly, and I have totally deleted alcohol from my life and learned from this. I never would have thought that I would have blown a 0.13, but I am only a 100 pd girl, and this is the first time I have even attempted driving somewhere after drinking, especially a few hours earlier in the day. I just want to put this behind me, as quickly as possible, and help others learn from it as well.

Therefore, the only thing a lawyer could really do for me is make sure I stay out of jail. This is my first offense for anything (even as far as tickets go), and I have already signed up to attend a Victims Impact Panel meeting in a week and a half, I have joined MADD as a volunteer, I am scheduled to take an alcohol assessment evaluation within a week, I am speaking with a counselor to help me through this situation, and I am also continuing to volunteer with the organizations that I have been with for the past few years. I have already enacted these measures even though I was pulled over for the DWI late Friday night.

I don't have the money for an attorney right now, yet my income does not qualify me for a public defender. Do you really think I will get screwed if I go to court and plead no contest/guilty to a DWI and hope to not get jail by talking to the district attorney/public defender, and I just mainly want to know if I can talk to them ahead of time to see what they are proposing as far as punishment.

Thanks again, so much.

BigMistakeFl

I can only tell you how it might work. You hire a lawyer, said lawyer sends an "offer" to the DA in writing, agreeing to plea to something less than DUI. DA answers and the game is on. This is not something you can do on your own. You may also qualify for a public defender, but I would advise hiring a DUI specialist if you can swing it.

Most Prosecutors get their cases the night before; there may be 50 cases on calendar for the morning.

In some jurisdictions, you can go to court and ask the Court Clerk to have the case sent to court that day.

Most Prosecutors (99%) will offer a 'standard first' disposition to all defendants, whether they have an atty or not.

IMHO, an atty for a DUI is only worth it if you are not guilty (this includes the ones under .08 BAC who did not display egregious driving/behavior/drug use), or the case is triable (there is reasonable doubt regarding one of the elements of the offense).

If you represent yourself, ask to speak with the Prosecutor, tell him/her that you are remorseful, show them your enrollment @ MADD, your volunteer work; point out that you had a clean record. Ask them what dispostion they can offer you.

If the Prosecutor asks for jail time, ask is there's an alternative (longer alcohol program, comm service,); if not, ask for a continuance and return with an atty (or return without one - there may be a nicer Prosecutor in court next time) - you can also ask for one day's credit for jail time due to the initial arrest, & you can ask if you can do community service in lieu of any jail (fines can also, usually, be translated to community service - you would have to check if your volunteer group is approved by your probation dept/court for comm service)

Good luck.

There doesn't appear to be any mandatory jail time in your state - I doubt if the Prosecutor would request any jail. It will probably be a fine, probation, an alcohol class and a suspended license.

The maximun penalty appears to be 90 days county jail and a max fine of $1000 (so, during your period of probation, if you goof up that is the worst that can happen to you).

I don't see any mandatory minimum jail time required, so I doubt if any will be required.

Your driver's license is a separate issue. It will probably be suspended and you have to check with your Motor Vehicles to confirm what you have to do to get it reinstated (& any insurance requirement) and whether you can get a restricted, rather than suspended license.

Minnesota may have a deferred adjudication/deviation program - it doesn't hurt to ask.

Your state's DUI laws are rather soft ...

Ahh thank you so so much for your response....I have been stressing about this for 4 days now...

I know our state doesn't offer a deferment program unfortunately, but I am hoping that the steps I have already taken will release me from jail time, and that my community service that I have already been doing over the past few years will qualify to be used as "service hours." Actually, Minnesota DUI laws are one of the toughest in the nation...but we do not have a "minimum sentence" for first offenders.

I just have one last question....what are usually the requirements of probation?

Thanks again with all your help.

The Judge has the right to set the terms of probation; the Prosecutor can require certain terms as part of a plea bargain.

Most common (and broadest) term is 'obey all laws'.
Also, do not drive unless you have a valid license and insurance; do not drive after having consumed ANY amount of alcohol (ergo, a .02=probation violation); complete XXX alcohol program (or evaluation) by such-&-such date (you'll have to pay for that). Sometimes an IID (ignition interlock device) is ordered (usually on a second DUI); pay $XXXX in fines & court fees (courts allow payment plans - ask for such, if necessary).

Stricter terms can include 'no alcohol comsumption during the term of probation' (rare); and 'stay away from places where alcohol is the chief item of sale' ...
and the list goes on.

PS: you can't get credit for prior community service, just possibly brownie points. With most Prosecutors, it won't make a difference - they will offer you the terms of a 'standard first' which all 1st time DUIers will get.

I seriously doubt if you'll get jail time.
Your worst-case scenario: the Prosecutor doesn't have to make a offer; in that case, you plead open to the Judge - only if the Judge has a special twitch against DUI are the terms harsher than the statutory minimum.

Good luck & post back - let us know what happens.
I'm sure you'll do fine. It doesn't hurt to tell the Prosecutor how remorseful you are & ask if there is any way to mitigate the consequences. Be aware if you speak to a Prosecutor that anything you say can be used against you at trial.
Remember, your driver's license is a separate issue which you have to pursue with Motor Vehicles.
Good luck.
...DUI laws are pretty standard ... on the lower side.

Ok thank you so much again for all your help. My court date is in 19 days and I am just praying for the best then, while completing an alcohol assessment, working with MADD and attending a victim's panel, and continuing with my previous volunteering, along with abstaining from all alcohol...I will hope for the best and definitely post my outcome here as I have found all the wonderful "advice-givers" in this forum to really help alleviate my worries Hopefully since I am not trying to "get away" with my first DUI and actually just plead guilty, they will be a little more lenient. I just found out that our state actually gives your license back after 30 days rather than 90 days if you plead guilty to your first offense DUI (as long as there are no aggravating factors and you blew relatively low), so maybe they will take the same approach in court as well. Thanks again!

Good luck, Anne.

PS: that .13 was your BAC at the station (or blood), right ?

The alcohol testers used in the field are not as reliable as the Breathalyzer/DataMaster in the station - you can't depend on the field readings.

You did go to the station and then blow .13 ???

Hi there - it was a 0.13 in the field, and then the station was like 10 minutes away and they had me blow right away and it was like 0.124. Why do you ask?