Transform Your Understanding Of Strategic Plea Bargain Cases
Video Transcript
DUI cases are among the most commonly resolved by plea bargain because the state often relies on 1–2 key witnesses and technical evidence. When breath/blood testing, field sobriety procedures, or officer credibility are contestable, negotiations increase. This article explains why certain crimes—especially DUI—lend themselves to strategic plea bargaining.
Ray Hrdlicka – Host – Attorneys.Media
“What is the type of crime that lends itself to plea bargaining more so than others?”
Spencer Freeman – Criminal Defense Attorney – Pierce County, WA
“It depends what you mean by ‘lends itself’. I think that a lot of DUI cases are traditionally plea bargained. I think there’s a number of reasons for that. I think the state’s witnesses in a DUI case…”
Ray Hrdlicka – Host – Attorneys.Media
“It’s the cop…the officer?”
Spencer Freeman – Criminal Defense Attorney – Pierce County, WA
“It’s not just the cop. Generally, you’re going to have a state toxicologist that’s going to testify about the breath test machine and the breath test results, and the state breath machine technician that’s going to talk about (it). Those witnesses are trained to testify. The cost of an expert to testify against them is extreme. So, I think a lot of those cases, from a criminal defense standpoint, you look for a way to try to resolve the case and avoid trial.”
Ray Hrdlicka – Host – Attorneys.Media
“So, wait a minute. Does that mean that the defendant will end up paying for the cost of the witnesses brought forth by the prosecutor?”
Spencer Freeman – Criminal Defense Attorney – Pierce County, WA
“No. But if the defendant wants to bring in an expert witness to counter the prosecutor, the criminal defendant’s going to have to pay that. Unless they’re absolutely indigent, then there’s a way to get the state to pay for that. But if you own a home, or you have a job, you’re not going to qualify for that. And there’s just a lot of DUI cases that get filed every year. Most of them resolve. Especially first-time DUI’s resolve.”