Do I Need a Lawyer to Plead Guilty to a DUI in Maryland?
Getting put on trial for drunk driving is not something anyone wants to experience. It is the start of a process that could end with your license being revoked or suspended, and you may need to may fines and spend time behind bars. None of these things are desirable outcomes. One of the ways that you can mitigate
While you are able to plead guilty to a DUI without the help of an attorney, doing so is a very bad idea. You would be doing yourself an extreme disservice by not retaining any kind of legal help. The outcome of your claim will likely be worse than it otherwise would with the help of a lawyer.
To have our Maryland criminal defense lawyers go over your claim for free, call Rice, Murtha & Psoras at (410) 694-7291.
Is a Lawyer Required to Plead Guilty to a DUI in Maryland?
Technically, you are allowed to represent yourself “pro se” in legal proceedings. However, doing so is pretty much universally a terrible idea. The law is vast and extremely complicated Even lawyers often focus their practice on certain areas of law to better serve their clients. If you go to court against a prosecutor – a lawyer who has legal training – without counsel of your own, it can almost be guaranteed that the outcome will be bad for you, or at least worse than it otherwise could be.
Should You Plead Guilty to a DUI Charge in Maryland?
A guilty plea is when you admit that you committed the crime you are being charged with. When you enter a guilty plea, it will be treated as if you were proven guilty and convicted of the crime and you will be subject to the same penalties. This can seem counterproductive. After all, why would you admit to committing a crime when you could make the prosecutor work for a conviction at trial and at least have a chance of not being convicted no matter how stacked against you the odds may seem? Indeed, in many cases entering into a guilty plea is not advised since it takes away any chance of a “not-guilty” verdict at trial.
However, if you have a solid, well thought-out plan, there are potential benefits to entering into a guilty plea, and our Maryland DUI defense lawyers can advise you on whether it is better to plead guilty in your situation or take your case all the way to trial. Generally, you only want to plead guilty if you have worked out a plea bargain or enrollment in a diversionary program, which is administered by the specific county where you were charged.
Plea Bargaining
The primary reason to enter into a guilty plea is when it is done as part of a “plea bargain.” This is when a prosecutor offers a deal to the defendant where the defendant pleads guilty in exchange for a less serious conviction and sentence. Getting this to work usually means having our lawyers enter into talks with the prosecutor handling your case. Prosecutors and courts are very busy and run tight schedules, so the prospect of streamlining a case is desirable, especially – from your perspective – if it gets you reduced penalties.
Without the guidance of an attorney, entering into a plea bargain with a prosecutor is extremely dangerous and ill-advised. It is highly likely that you will either be pressured into pleading guilty when it does not make sense to do so or that the prosecutor will feel no compunction to work with you and may not budge in their efforts to get a conviction.
Diversionary Programs
Another potential reason to plead guilty is to secure your enrollment in a diversionary program. A diversionary program is an alternative to a prison sentence where the offender completes a series of courses or other activities to be rehabilitated. At the close of the program, the charges against them are dismissed and their record is cleared of the incident.
In Maryland, there is no set-in-stone diversionary program; each county will handle it differently. Therefore, it is best to talk with our attorneys and look at the options available to you in your county.
Litigation Expenses
It is no secret that retaining legal counsel is expensive and time-consuming. Entering into a guilty plea can streamline the process and cut down on both the cost of litigation and the length of the ordeal. However, cost should be low on your list of concerns when determining whether to enter into a guilty plea, because getting a DUI conviction on your record will likely be more costly – if not financially than certainly in other penalties – than any litigation in the long run.
Penalties for Driving Under the Influence in Maryland
While you are weighing your options and thinking about entering a guilty plea for driving under the influence in Maryland, you need to know the potential consequences of that decision. True, having our attorneys negotiate with a prosecutor can decrease the severity of a sentence you may receive, but there will always be some level of consequences if you plead guilty.
First, a DUI conviction will result in points getting added to your license. The points added to your license for a DUI are enough to result in a suspension – or potentially a full revocation – of your license. You will need to go through further legal proceedings if you want to have your license reinstated, and you will have to wait a while before you request those hearings in any event. If your job requires you to be able to drive, this could be a serious obstacle, and finding an alternative to pleading guilty may be better.
Second, there are potential prison sentences and hefty fines associated with driving under the influence. For example, under Md. Code Transp. Art., § 21-902(a)(1)(iii), you can be sent to prison for up to one year for a first offense and up to two years for a subsequent offense, and be required to pay up $1,000 and $2,000 for first and second offenses, respectively. If this is a concern, you should seriously weigh the considerations of entering into a guilty plea, even if you have the help of legal counsel.
Contact Our Maryland DUI Defense Lawyers Today
To go over the options available to you, call our Baltimore DUI defense lawyers with Rice, Murtha & Psoras at (410) 694-7291.