If you have been involved in a drunk driving crash in Miami, you will undoubtedly find yourself in court, even if you are the victim. Your family may face a drawn-out legal process full of motions and what may seem like stalling techniques on the part of the defense. Sometimes, the prosecutor for your case may determine that offering the suspect a plea bargain is in everyone’s best interest. This may leave you and your family feeling as though justice hasn’t been served.
Why Plea Bargains Happen
Victims and their families often wonder why a prosecutor would make the leap from a trial filled with testimony to a plea bargain behind closed doors. Plea bargains are often a necessity in a court system bogged down with cases. In order to move cases through the system more efficiently, plea bargains are offered in certain cases.
Benefits of a Plea Bargain
One of the benefits of a plea bargain is that the case is resolved without the chance of the offender going free. It also guarantees that the driver who was intoxicated at the time of your crash has a criminal charge on their record. In almost all cases where a plea bargain is offered, the defendant must give up their right to appeal.
Prosecutors do not offer plea bargains without serious thought. The feelings of the victim and their family are always taken into consideration along with other factors, including the strength of the case, the defendant’s criminal history, policies of the office, and the wishes of the victim.
The prosecutor may also consider who is sitting on the jury, which judge will be hearing the case, and several other factors that may impact the outcome of a trial.
Even if the prosecutor and defense attorney agree upon the plea, the judge does not have to accept the deal. The judge may order the two sides to come up with a different deal, or the judge may order that the case moves forward to trial.
If the prosecutor in your DUI accident case opts to offer the defendant a plea bargain, it is your right to ask and understand why. Know that the offer is not meant as an affront to your feelings or those of your family. The prosecutor has a definitive reason for making a plea bargain with the defendant.
When you have been injured in a DUI accident in Miami, you need an experienced personal injury attorney on your side. We will fight by your side to get you the compensation you may be entitled to. Call us today for a free initial consultation.