There is another important component of this directive worth mentioning. If you have been charged with a collateral offense arising from the same incident, such as possession of a controlled dangerous substance CDS or possession of CDS in a motor vehicle , nothing prohibits the prosecutor from offering you a plea agreement with regard to these charges. For example, the prosecution may agree to dismiss a drug charge or a reckless driving ticket in a plea agreement. However, prosecutors are not allowed to dismiss or reduce charges for DWI in a school zone or refusal to consent to a breath test outside of the provisions explained above.
Although Municipal Prosecutors are barred from offering plea agreements in driving under the influence of alcohol or drug cases in New Jersey, they are allowed to downgrade or dismiss a DWI charge when there is some legal justification to do so. In other words, if there is an evidentiary issue that significantly lessens the chance a prosecutor will obtain a conviction for drunk driving, they may use their discretion to dismiss a DUI with the consent of the presiding judge.
This is why it is so essential to have an experienced DWI defense lawyer who can thoroughly examine your case to find issues that may be used to argue for a dismissal. At The Tormey Law Firm, our talented team of DWI attorneys have achieved thousands of dismissals on behalf of clients charged with drunk driving and driving under the influence of drugs throughout New Jersey.
You can read just a few of our DWI case victories by following the links below:. If you have been arrested for DWI in New Jersey, it is imperative to find out your legal options and possible defenses from an experienced DWI defense lawyer.
Maryland DUI Help | Wet Reckless Plea Bargain
Contact The Tormey Law Firm now at or online for a free consultation. The vast majority of criminal cases never go trial. Why does this happen in a judicial system that guarantees defendants the right to trial, presumes them innocent until proven guilty, and requires the government to prove its case beyond a reasonable doubt? Despite these favorable rights and others—like the right to remain silent and the requirement of a unanimous verdict—defendants overwhelmingly choose to give up the right to trial and accept a plea deal from the prosecutor.
Most of the time, prosecutors are confident that they have the necessary evidence to prove their case before they bring formal charges against a defendant. But some cases are stronger than others, and if a case is not rock-solid, a prosecutor may settle for a plea bargain to a lesser offense, or agree to recommend a specific sentence, rather than go to trial and risk an acquittal or hung jury, or even a conviction and a light sentence. In addition, the prosecutor never knows what may happen at trial; if defense counsel is particularly skilled, the chances of losing go up.
If the prosecution believes that it has one or two strong charges against a defendant, it may bring several other charges in the case even though the proof of these other crimes is weaker. Prosecutors sometimes overcharge to increase their bargaining power in plea negotiations, even though it angers some judges, who see it as a bullying tactic. Prosecutors generally do not worry about losing on a few charges at trial as long as they convict the defendant of at least one of the crimes charged.
However, additional charges present a real risk to a defendant.
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If a jury finds the defendant guilty of all charges, the sentence could be significantly higher. Prosecutors often use this possibility of a harsher penalty to their advantage in persuading a defendant to accept a plea bargain.
Thousands of daily thefts, frauds, and assaults are easily investigated and can be successfully prosecuted as charged. Because modern pre-trial rules require the prosecutor to share evidence with the defendant before trial, defense counsel can normally make an early and accurate judgment about the likelihood of conviction. If a trial is likely to result in a guilty verdict, a defendant has a strong motive to look for a resolution that will minimize the penalties at sentencing.
We are familiar with Maryland law regarding marijuana, cocaine, heroin, crack, and PCP. While these cases may be in District or Circuit Court, depending on the specific charges, felonies typically include a preliminary hearing unless you have been indicted by the grand jury. We can represent you at the preliminary hearing as well as your trial date. Because we have been practicing criminal defense for so long, we know what types of consequences to expect for different drugs and fact patterns in all our jurisdictions.
We pay special attention to detail and will listen to your side of the story and examine all the evidence to make sure your liberty is safeguarded. We will also review your criminal history to determine if you are at risk for subsequent offender penalties higher punishment if you have already been convicted of a drug offense.
Your own statements or admissions may also be grounds for increased charges. Marc and Anthony are not only able to review your individual situation, but will perform a constitutional analysis to make sure that your rights were not violated during your encounter with law enforcement.
Additionally, we can refer you to drug education, counseling and treatment providers. Call us today at to speak with a criminal defense lawyer right away.
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