What is a Plea Bargain? Should I enter into one?

A plea bargain is ​an "offer" to the defendant in a criminal case. The "offer" from the government in "in exchange for" a plea of guilty (sometimes "no contest" is allowed) to charges associated with the defendant's case. If a plea bargain is obtained, then no trial will take place. The plea bargain will be considered a binding agreement, and the defendant will have to abide by the terms that he/she entered into.

For example, if Henry is charged with the felony of "Assault with a Deadly Weapon" (CA Penal Code section 245) in San Diego after being involved in a fight with Kelly, ​the San Diego Deputy District Attorney may offer Henry a plea bargain. For this example, let's say the maximum penalty for Henry's charge is 4 years in state prison. The District Attorney may offer Henry a deal that would keep in out of state prison. The offer could be that Henry would have to plead guilty, and then he would be placed on probation for 3 years, ordered to serve 180 days in county jail, and be ordered to pay restitution to Kelly for her injuries.

It is completely up to the client/defendant to decide whether or not he/she wants to enter into a plea bargain if one if offered. It is the sole choice of the client/defendant to decide whether or not to take his/her case to trial.​ It is important to discuss all options with your attorney prior to entering into a plea agreement.

What do I do if I'm pulled over for a DUI/DWI?

What to do if you are pulled over for a DUI

1.       Give the officer your driver’s license, proof of insurance, and registration (if you have them).

2.       Politely refuse to answer any of the officer’s questions.

3.       Do not admit or deny to drinking any alcohol.

4.       Politely decline to perform any of the Field Sobriety Tests (they are too subjective and not required by California Law).

5.       Politely decline to give a roadside (PAS) breath test (unless you are on probation or under the age of 21).

CALL the Law Offices of Jill Cremeans immediately at (619) 929-0851. *

 Law Offices of Jill Cremeans, 707 Broadway St., Suite 700, San Diego, CA 92101 T: 619.929.0851

VC §23152 - California DUI

California's standard DUI laws are codified in the California Vehicle Code section 23152. This section states the following:

Driving Under Influence of Alcohol or Drugs

23152.  (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.

(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person's blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

(c) It is unlawful for any person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.

(d) It is unlawful for any person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210.

In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

Law Offices of Jill Cremeans, 707 Broadway St., Suite 700, San Diego, CA 92101 T: 619.929.0851