Virginia DWI negotiating- Will I get the plea deal that I want?

Virginia DWI negotiating is generally either harmless or beneficial to a  defendant, so long as it is conducted in the right way. As a Fairfax DUI lawyer, I remember times that I have negotiated such charges down to infractions, so bypassing settlement talks before proceeding to trial usually does not make sense. Moreover, one of the first questions many of my potential Virginia DUI clients ask is: Will I go to jail? Will I get a wet reckless plea?

Are Virginia prosecutors obligated to offer a favorable negotiated plea / settlement?

Virginia DWI negotiating — and any settlement discussions with prosecutors  — does not require the assistant commonwealth’s attorney to offer, just as no criminal defendant is obligated to engage in settlement negotiations, let alone to reach a deal. Your Virginia DUI lawyer — proceeding against your prosecution under Virginia Code § 18.2-266 — is not at fault if the prosecutor’s refusal to agree to the deal you want is beyond anything that you or your attorney could have done. Virginia commonwealth’s attorneys are elected, and their line prosecutors are told the boundaries and guidelines for negotiating, and when no such guidelines exist, prosecutors know they may be asked to justify a seemingly over-lenient settlement negotiation or patter of negotiations. In other words, prosecutors are beholden to their own agendas, not yours.

Will I go to jail if I engage in Virginia DWI negotiating?

You cannot change the past to assist your prospects for Virginia DWI negotiating. Nonetheless, you can help write the answer to the above question by hiring a great DUI defense lawyer, by working together as a team with your attorney, and by engaging in relevant self improvement steps. Some prosecutors and prosecutors’ offices are more favorable than others for obtaining the plea deal you want. Other factors are also at play, including the strengths and weaknesses of the defense case and the prosecution’s case, the availability and quality of witnesses against you, the prosecutor (and their caseload with other matters), and the judge.

How soon should I hire a Virginia DUI lawyer?

The sooner you obtain a qualified lawyer to defend you for your Virginia DUI or other criminal case, the better. The prosecution and police are not waiting for you to obtain a lawyer for them to proceed with the prosecution against you. Fairfax DUI lawyer Jonathan Katz pursues your best defense against Virginia DUI, felony and misdemeanor prosecutions. By the time you finish your initial consultation with Jon Katz, you will fee more knowledgeable and confident about your defenses, about Virginia DWI negotiating, and about your trial prospects. Call 703-383-1100 for your free in-person initial consultation with Jon Katz about your court-pending case.