Sentencing for West Palm Beach DUI cases can vary depending on the facts of the case. Most of the time, a sentence is negotiated between the West Palm Beach DUI lawyer and the Prosecutor. Most driving under the influence cases are eventually resolved by negotiations and that is how it is handled. If you are interested in learning more about how the outcome of your case may be determined, speak with an established drunk driving attorney right away.
Important Factors for Determining DUI Sentencing
An accused individual could benefit from learning more about how the outcome of their case will be decided. Factors that a court considers before sentencing in West Palm Beach DUI cases would be the facts include:
- Facts and circumstances of the case
- Someone’s prior criminal record
- An individual’s prior DUI record
- Whether or not they were honest and cooperative with law enforcement
Understanding the Role of a Judge
Trial Judges do not determine sentencing for West Palm Beach DUI cases. They do not decide the outcome because most cases are negotiated between the defense through a lawyer and the Prosecutor and the sentence is generally presented to the Judge in an agreement.
If the person is found guilty, the Judge will have heard the entire case, all of the evidence, will refer to exactly what the Jury heard, and the Judge will determine the sentence based on what they heard and everything else such as the individual’s prior record, driving record, and potential criminal history.
When Would a Judge Decide Sentencing for West Palm Beach DUI Cases
Other circumstances where the Judge would decide a sentence would be when a Prosecutor and a defense attorney cannot agree on what the sentence is and there should not be a trial because the guilt is overwhelming and, they just cannot agree on the sentence, so the Judge is asked to make a decision on that.
Understanding the Priorities of a Driving Under the Influence Prosecutor
These days, prosecutors are often concerned with their conviction rate. Courts are concerned with their dockets and how heavy they are, how many cases they have, and how old their dockets are. Locally, the government is trying to weed through cases that are not winnable and that should not be brought into Court or maybe different charges should be presented. Locally, the Prosecutors and Judges are doing the best they can to use the resources in declining cases that should not be Prosecuted in Court.
Benefit of Speaking with an Attorney About your Case
Someone facing sentencing for West Palm Beach DUI cases may not understand the severity of the accusations against them. The case process for driving under the influence can be daunting without the help of an experienced attorney who can prepare you for the types of questioning and evidence the prosecution may present in court. Together, you and your lawyer can fight for the outcome you desire. Before beginning your case, contact legal counsel you trust to represent you throughout trial.