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When preparing a defense for a DUI case, complete honesty and transparency with your attorney are essential. Your attorney needs all the facts to make informed decisions and provide you with the best advice.
It’s common for individuals to have hazy memories in DUI cases due to substances like alcohol affecting memory. While it is alright if you do not remember every last detail, the more details you provide, the better they can represent you.
Even if your memory is foggy or nonexistent, your attorney will obtain evidence through the discovery process, including police reports, witness statements, and often times videos. This additional evidence can shed light on the events, even if you can’t recall them. Lack of recall doesn’t mean you don’t have a case; innocent reasons, such as injuries affecting memory, can be responsible.
The initial opportunity to enter a plea is at the arraignment, usually scheduled several weeks after your arrest. However, it’s uncommon to plead guilty at this stage, as you usually won’t have access to the evidence or opportunities to negotiate. Private attorneys often submit written pleas of not guilty on your behalf and waive your appearance at the arraignment. Your attorney will obtain evidence after the arraignment and review thoroughly so that they can advise you about the decision to take a plea deal or not.
No one should force you to accept a plea deal before you’ve seen the evidence. Ethical attorneys will analyze the evidence to identify potential defenses before advising you. You can enter a guilty or no contest plea at different stages, including pretrial conferences or even on the day of trial. Rushing to plead guilty at the arraignment is discouraged; it’s wise to evaluate the evidence and potential defenses first.
Entering a plea of not guilty signals your intent to examine the evidence and possibly fight the charges. On the other hand, pleading no contest or guilty concludes the case, indicating your willingness to close it with a negotiated deal. Typically, this deal involves pleading to DUI or a reduced charge like Reckless Driving. Once you enter a guilty or no contest plea, the defense preparation phase ends, and your case moves to sentencing.
For more information on Defending Against DUI Charges In Florida, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (407) 890-8472 today.