Is it better to fight a criminal charge or just take a deal?

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Is it better to fight a criminal charge or just take a deal?

If I am being charged with leaving the scene nda causing personal injury and 2nd DUI, should I plead guilty if they are offering a 2nd offender program as the deal (2 year license suspension and14 day in-treatment)? With that said, what if they have to prove operation since I was stopped on foot 3 blocks from the abandoned vehicle? Would a trial make more sense, and if so, how many jurors have to find me guilty for a conviction in MA? I am trying to understand the benefit to the plea offer? Should I speak with a criminal law attorney? I’m in Waltham, MA.

Asked on August 3, 2010 under Criminal Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

This can't be answer in the abstract or in general: every single case and everyone's circumstance is different. Definitely speak with a criminal defense attorney, one with DUI and motor vehicle offense experience. He or she can let you how likely you would be to win if you tried the case, and  also the cost (e.g. lawyer time) to fight the charges and the consequence of losing. An experienced attorney will also know whether  the deal you're being offered is good, bad, or indifferent, and may be able to negotiate a better  one for you. So speak with a lawyer right away, and in the meantime, do NOT talk to the police or prosecutor until you do. Good luck.


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