Going in Without a Lawyer to Just Plead Guilty

[Thank]

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

Hi,

I was arrested for DWI and have a court date/arraignment coming.
The specifics of my DWI:
- First Time Offense
- BAC: 0.11
- No aggravating factors
- No criminal record. Just a few tickets here and there (No ticket in the last 2 years or so)

I've talked to a few lawyers and the impression I get is that I really don't have a case and have to rely on the prosecutor or the cop to mess up on their side to have a shot. At this point, I don't really see a point in spending $2000 - $3000 to get a lawyer if I'm going to be found guilty anyways. Everybody around me is saying I HAVE to get a lawyer no matter what.

So my questions are:
1. Is it really that rare/un-heard of to plead guilty without a lawyer?
2. Do judges usually look down upon this and give a harsher punishment than they normally would? All the lawyers told me that if I'm found guilty I should expect a standard sentence ( no jail sentence, etc. ). This sounds about right based what I researched.
3. Can I plead not guilty at the arraignment and get all the police reports, and then, make a decision on getting a lawyer? One thing I worry about this is that if I still don't think theres a point in getting a lawyer, can I plead guilty before the actual trial?

Thank you so much for your inputs in advance.

 

[FlyingRon]

You should definitely consult with an attorney (it appears you have) that knows the judge you're up against. While there's no minimum jail time on DUI in the commonwealth, I've seen some GDC judges who are hardasses and will throw you in the tank for a four days suspended down from 60 days.

Of course, by pleading guilty, you're giving up your right to a defense. Again, an attorney can look at things like the cause for the stop, any FSTs and irregularities in the chemical tests. I've seen an attorney blow away the validity of the breath test and then attack the FST evaluation of the cop and get his client off.

You seem to misunderstand what your next appearance is. There's no "arraignment" in GDC criminal proceedings. The appearance date is your trial. You'll be asked at the beginning if you want to plead guilty or not. Anyway, unless a continuance is asked for and granted you'll be tried then and there.

Discovery options are a bit minimal in GDC as well. You need to ask for that ten days in advance of your trial but don't count on getting anything until the day of the trial. What's obligated to give you isn't tremendous. It's pretty much limited to your own criminal record and what statements you gave the arresting officer.

I answered this in a bit more detail over on the other board.

 

[tranquility]

Never plead "guilty" without YOUR attorney telling you it is the best thing. Never. Really. There is no possible or theoretical advantage to doing so.

If you plead not guilty, at some point you should get access to the evidence against you with proper requests.

An attorney helps, even if you do happen to be guilty, in dealing with the DA. There is some advantage to the state from giving up (pleading guilty) and the DA may deal to get there. Not with you, with your attorney.

Anyone accused by the government of committing a crime needs an attorney. That is expensive. But, your situation is going to be expensive. The cost of a guy/gal telling you your options with certainty is probably going to be worth it. If you have no hopes or prospects in life and intend to suckle on the government's teats, maybe not. If you want to achieve anything ever, get an attorney.