North Carolina DWI Trials | The Need for More Trials

Recently, I was waiting for my DWI case to begin. The case I had wasn't great, but it wasn't a particular stinker either. Certainly worthy of a trial effort. Before me was another Durham Criminal Defense Attorney who was having her own DWI Trial. She explained that her case was not really winnable but, like me, she feels it's important to have a trial to offer her client an opportunity as beating the charge as oppose to pleading to it, where there is no benefit in many cases (as it was in hers and mine). Her client, as well as mine, deserved their day in court, and we each gave our prospective clients just that.

However, that's not what caught my attention and caused this article to be written. As I was waiting, one of the Prosecutors came by and asked me, half-jokingly, why I wouldn't just plead the case out. I explained that since my client did not have the opportunity to plead to a lesser crime, but rather could only plead to the original charge with no consideration for the fact he would be giving up his right to trial, that there was no reason not to have a trial. More importantly, until the Legislator decides that we should have an option for certain DWI defendants to avoid the conviction by pleading to a lesser crime (and thereby still suffering consequences) there really is no reason to plead it out. Perhaps if enough of these cases are called for trial, and the courts get further back-logged, an option will result that helps out those facing their first DWI.

Back to the Prosecutor, I understand where she is coming from. I was a Prosecutor in Harnett County, and I understand the frustration of having to have trials for things you feel should be plead. But, the reality is, every Defendant, regardless of the facts against them, has the right to a trial. But, in the bigger picture, these trials are important to show those who are paying attention that we are left with little choice. Unfortunately, that causes an added burden to the Prosecutors, but honestly, no one seems all that concerned with some of the legal hoops we Raleigh Criminal Defense Lawyers must jump through.

If you are facing a North Carolina DWI charge, or any other North Carolina Criminal charge, contact a local defense attorney for advice on how best to handle your case. About the Author

I am Raleigh Criminal Attorneys who also practices as a DWI Attorneys Raleigh practicing in Raleigh, Durham and the greater Triangle area. In addition to Raleigh Criminal Defense, I also handle North Carolina traffic citations with a focus on North Carolina DWI charges.

Disclaimer - Information and advice offered in this article is for informational and educational purposes only and is specific to North Carolina law. The viewing, receipt and/or exchange of information from this article does not constitute an Attorney-Client Relationship. For assistance regarding your particular legal question speak with an Attorney practicing in the field from which your questions derives.

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