It means you are agreeing with all the facts of the government that are being used to prove the elements of the charge. However, you can still present your own evidence that may mitigate or help your defense.
I have been charged with a felony DUI even though I was not driving my vehicle. I have never been charged with a felony before. Is it possible that a plea bargain could be reached after indictment by the grand jury? Possibly to a misdemeanor considering I was not driving the car.
Is it possible that your charge could be reduced? Yes, it is possible but that depends on the facts of the case, the prosecution, the judge and police investigation. The best thing to do to increase your opportunity to have the case resolved favorably is to consult with an experienced DUI defense...Read more »
I have a preliminary hearing today for a felony DUI. I was not driving my vehicle I was parked with the keys in the ignition at the top of my driveway. Giving my circumstance do you think the judge would find probable cause and certify the case to the Grand Jury? Also, do you know how long a... Read more »
In Virginia if the keys are in the ignition and you are in the driver’s seat the case law holds that you are “operating” the vehicle. Hopefully your attorney can reach a favorable agreement with the Commonwealth.
I have been charged with a felony DUI 4th offense in 10 years. I have no felonies on my record as my other DUI's are DUI 1st and two DUI 2nd offenses. I have a pre-liminary hearing this Friday if the officer does not show up for the hearing can the case be dismissed?
I have been charged with a DUI 4th offense in 10 years. I have no felony charges on my record. My other DUI charges are DUI 1st and two DUI 2nd offenses. Can this charge still be considered a "wobbler" and be part of a plea bargain which may reduce this charge to a misdemeanor because of the... Read more »
Any charge can potentially be reduced if you work out a plea agreement with the Commonwealth Attorney’s Office. However, some Commonwealth Attorneys have different policies when it relates to discretion on DUI charges. Talk to a local attorney who can advise you on possibilities and the defences.
Can a felony DUI in Virginia be a "wobbler" meaning can the prosecutor amend the charge to a misdemeanor as part of a plea deal. If so, can this be done at or before the preliminary hearing or at some point in the felony case process. I live in Caroline County, VA.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.