How to Respond When Your Client Just Wants to Plead Guilty to a DUI
No matter who you are, or how much experience you have as an attorney, or how many cases you have won.
Inevitably there is going to be a DUI case where the Prosecutor simply is not willing to offer a plea deal or reduction and they want your client to just plead guilty as charged.
Now some attorneys have philosophys that if that is the case, then the client should just fight the charge.
Especially on a first offense, because typically they have nothing to lose.
There is something to be said about such a philosophy, and there is truth to that.
However what happens when the client does not want to fight the case, and go through a jury trial.
For whatever reason.
Whether they do not want to pay the extra fees.
Whether they do not want to take the additional time of work.
Or whether they feel they are guilty and they want to just be accountable for their actions.
As an attorney, what do you say when your client tells you that they dont want to continue fighting their DUI charge, and they are willing to just plead guilty as charged.
The first thing I discuss when this is the case is to make sure the client understands all of the consequences of their decision.
Do they understand the mandatory sentence that will be imposed? Do they understand the mandatory license revocation that will be imposed? Do they understand all the collateral consequences that will occur as a result of a DUI conviction on their record? Whether it's denial of entry into Canada, or limits on future career paths, do they understand all the potential consequences.
Once I have gone over all of this with the client, I will then offer my opinion.
If I believe there is a chance the client can be found not guilty I will tell them.
And vice versa if the case is going to be an uphill battle, I will be honest with them.
If my advice is to continue to right the case and go forward with the trial and will tell them.
Ultimately however it is not the attorneys decision whether a case goes to trial.
It is up to the client as the defendant to make that decision.
Whether we as attorneys agree with it is irrelevant, since this is the clients life and their criminal history.
Therefore once as an attorney has gone over the consequences of the clients decision.
Informed the client of the attorneys position.
If the client still wants to go forward with a plea than it is the obligation of the attorney to follow the decision of the client and do what is necessary to ensure the plea goes smoothly and is followed by the Judge.
Inevitably there is going to be a DUI case where the Prosecutor simply is not willing to offer a plea deal or reduction and they want your client to just plead guilty as charged.
Now some attorneys have philosophys that if that is the case, then the client should just fight the charge.
Especially on a first offense, because typically they have nothing to lose.
There is something to be said about such a philosophy, and there is truth to that.
However what happens when the client does not want to fight the case, and go through a jury trial.
For whatever reason.
Whether they do not want to pay the extra fees.
Whether they do not want to take the additional time of work.
Or whether they feel they are guilty and they want to just be accountable for their actions.
As an attorney, what do you say when your client tells you that they dont want to continue fighting their DUI charge, and they are willing to just plead guilty as charged.
The first thing I discuss when this is the case is to make sure the client understands all of the consequences of their decision.
Do they understand the mandatory sentence that will be imposed? Do they understand the mandatory license revocation that will be imposed? Do they understand all the collateral consequences that will occur as a result of a DUI conviction on their record? Whether it's denial of entry into Canada, or limits on future career paths, do they understand all the potential consequences.
Once I have gone over all of this with the client, I will then offer my opinion.
If I believe there is a chance the client can be found not guilty I will tell them.
And vice versa if the case is going to be an uphill battle, I will be honest with them.
If my advice is to continue to right the case and go forward with the trial and will tell them.
Ultimately however it is not the attorneys decision whether a case goes to trial.
It is up to the client as the defendant to make that decision.
Whether we as attorneys agree with it is irrelevant, since this is the clients life and their criminal history.
Therefore once as an attorney has gone over the consequences of the clients decision.
Informed the client of the attorneys position.
If the client still wants to go forward with a plea than it is the obligation of the attorney to follow the decision of the client and do what is necessary to ensure the plea goes smoothly and is followed by the Judge.
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