For those who are facing operating under the influence (OUI) charges in Massachusetts, accepting a plea deal may be the best path forward. Before you accept a plea, however, it’s important to understand the elements of your case, the maximum sentence you may face otherwise, and your options outside of plea acceptance. At The Law Office of Paul R. Moraski, our skilled criminal defense and OUI attorney can help. Reach out today to learn more.
What Is a Plea Bargain on an OUI?
A plea bargain in an OUI case is essentially a deal between the defendant and the prosecution in which the defendant admits guilt in exchange for either a lesser charge or lesser sentence. Pleas are not required, and can be used in situations when it is highly likely that the defendant will be found guilty or the defendant does not wish to advance through the entire trial—reaching a plea is a much more expeditious way to arrive at a final outcome.
Things the Judge Will Ask – Be Prepared
As part of accepting a plea, a judge will ask the defendant a number of questions that are designed to ensure the defendant fully understands their options and rights. These questions include:
- Does the defendant understand the maximum penalty for the OUI crime they are facing?
- Does the defendant understand the elements of the offense that are required for the prosecution to secure a conviction of guilt?
- Has the defendant discussed other potential options with their legal counsel outside of accepting the plea?
Before you accept a plea, you should be sure to discuss all of the above with your attorney. Accepting a plea may or may not be right for you depending on the specifics of your case.
What Happens If I Accept the Plea?
Your plea bargain will be specific to you and your case, so it’s important to discuss the details with your attorney. However, a common plea deal in a first-time OUI case is a continuance without a finding for one year, requirement to participate in an alcohol program, and a minimum 45-day suspension of your license, as well as payment of any statutorily required fines and fees.
Do You Need an Attorney If Accepting a Plea?
It is always a good idea to secure legal representation when you are facing criminal charges, although it is not required. Having an attorney on your side is critical for ensuring that you understand all of your options and your legal rights are protected to the maximum extent possible.
Call The Law Office of Paul R. Moraski Today
To learn more about your legal rights when facing OUI charges and whether accepting a plea is right for you, reach out to an OUI attorney at The Law Office of Paul R. Moraski today. You can get in touch online or by calling (978) 397-0011 directly.