Jacksonville, FL asked in DUI / DWI for Georgia

Q: What happens at a bench trial for a DUI? Am I risking harsher punishments by not working out a plea deal?

Have an attorney who waived my arraignment and put me directly on a bench trial without knowing my BAC or anything else about my case. Other attorneys in the area are telling me this is not normal.

Related Topics:
1 Lawyer Answer
Robbie Levin
Robbie Levin
  • DUI & DWI Lawyer
  • Marietta, GA
  • Licensed in Georgia

A: There may be some reason that your lawyer is opting for a bench trial. A bench trial is a trial where the Judge decides guilt or innocence, and there is no jury. Normally you would be better off with a jury trial. Working out a plea in the case would usually lead to a better sentence than the one you would get if you lose at trial, but not always. Often the point of a plea bargain is to get a reduced charge or a reduced sentence from what you might get if you went to trial.

If you have not waived your right to a jury trial, then you have the right to a jury trial if you'd like one. You really should be having these conversations with your attorney. I urge you to speak to your attorney about these matters.

For more info, visit my website at www.LevinLawyerGa.com

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.