Evansville, IN asked in DUI / DWI for Indiana

Q: If you plead guilty to a DUI are the penalties less severe?

Related Topics:
1 Lawyer Answer
Ary Avnet
Ary Avnet
  • DUI & DWI Lawyer
  • Noblesville, IN
  • Licensed in Indiana

A: It is possible that the penalties may be less severe.

If you plead guilty via a plea agreement, you will know what your penalty will be prior to sentencing, as long as the judge accepts the plea agreement.

If you do not accept a plea agreement, and go to trial and are found guilty, the State may ask for a harsher penalty than it offered in the plea agreement since it had to undergo the time and expense of a trial to prove your guilt.

But ultimately, it is up to the judge to decide your sentence if you are found guilty. The judge will take into account the State recommendations re sentencing, your attorney's recommendations re sentencing, the aggravating and mitigating circumstances and the sentencing guidelines.

Andrew L. Bennett agrees with this answer

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.