If Iam being prosecuted by the police department for a DUI, will I be offered a plea deal?

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If Iam being prosecuted by the police department for a DUI, will I be offered a plea deal?

I was arrested by the police for driving under the influence of prescription drugs 1 1/2 years ago (I don’t even know whether it is a felony or misdemeanor). They have a lengthy reputation for racial profiling (I am white, though have many friends who are not), harassing town locals, and doing everything they can verging on corruption for securing drug arrests. I have acquaintances willing to testify as witnesses. I wasn’t read my Miranda rights, nor given a phone call at any time. Also, I was pulled over during a “jay walking sting”. I was under a doctor’s care, meaning I was taking meds – narcotics for pain and had a prescription. Should I speak with a criminal law attorney? I’m in Marin County, CA

Asked on October 17, 2010 under Criminal Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A DUI triggers both a criminal and a civil case.  And anytime criminal charges are involved, an attorney should be consulted.  The fact is that this area of the law can be highly technical.  Accordingly there are defenses that can be enlisted in your case which could result in reduced charges or an outright dismissal.  Your best bet is to now consult with a DUI attorney in the area where all of this occurred.  In addition to any legal arguments that can be made on your behalf, an attorney who practices in the area where all of this occurred will also have contacts within the local court system that they can utilize to your best advantage.

Note:  The Miranda warning must only be given if a person is in custody andthen questioned.  Any questioning before being taken into custody is legal.  However, if a person is in fact in custody and subsequently questioned without being "Mirandized", then any statements then made cannot be used.  The 2 exceptions to this: the statements were voluntarily and knowingly made any way (ie the defendant waived his rights); or the questioning incidental to the booking process (ie. name, address, etc).


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