Your first court date
You were arrested for DUI, and now you have a citation that tells you to appear between two dates in court. For example, it may say to appear between September 12th and September 24th. When you appear at the courthouse, you are directed to the clerk’s office. The clerk will ask you how you want to plead, guilty or not guilty?
Pleading ‘not guilty’ will not be used against you
Should you plead guilty or not guilty? At this stage, unless an attorney has advised you otherwise, you should always plead not guilty. Some people think this is a bad idea because it will appear you do not accept responsibility for your behavior, and the court will hold this against you. While courts do consider acceptance of responsibility when determining an appropriate sentence, they will not hold it against you that you plead not guilty initially.
Initially plead not guilty
The reason for this is that the judges know that it is routine to do this initially in a case before an attorney has reviewed the file. The attorney needs to request discovery. He needs to negotiate with the prosecutor or discussed the matter with his client. It would be malpractice for an attorney to advise his client to plead guilty before doing this investigative work. In other words, pleading not guilty is only a formality to get a case started.
Once you enter a not guilty plea, the court will set the matter for a “pretrial conference.” You should complete all these procedures before the pretrial conference date. Then you may be able to resolve the case at the time of the pretrial conference. The court will not bring up the fact that you plead not guilty when you appeared before the court clerk.
Talk to an Attorney
Do not enter a guilty plea to a DUI at any point without consulting with an attorney. You may have legal defenses to the charge. The government’s case may have a defect. There may be room to negotiate with the prosecutor before entering a plea. It is always important to consult with an attorney before entering a guilty plea.
Craig Atkinson is the lead attorney at Atkinson Law Office,
Boise DUI and Criminal Attorneys. It is located at 1087 W River St #290, Boise, ID 83702. You can call him anytime at 208.571.0627.
Ask Craig to review your case.