Long Island, NY - Drunk driving in the state of New York is a serious criminal offense. But there are times when charges can be reduced, given the unique factors of the case. Although getting charges reduced is possible, it is not a given. You are just as likely to have charges elevated as evidence comes to light. Having the representation of an experienced New York DWI defense lawyer can be critical when you are hoping to get charges reduced after a drunk driving arrest. Jason Bassett, Esq., an experienced DWI defense lawyer based in Suffolk County on Long Island, recently explained under what circumstances a prosecutor might consider a reduction in DWI charges.
“Each arrest and set of charges must be considered and analyzed individually when it comes to a drunk driving charge. The good thing is that the prosecution has some leeway when it comes to reducing charges, but prosecutors don’t do this lightly,” said Mr. Bassett. “Oftentimes, a DWI charge will get reduced to a DWAI charge. But this usually happens when it is a first-time offense and there are no other aggravating factors involved. The difference between the two is that a DWI is a misdemeanor, a crime under New York law, whereas a DWAI is considered a traffic infraction and does not result in a criminal record. Although they both have penalties, a DWI is much more serious.”
Getting charges reduced is when a plea bargain often comes into play. In many cases, an experienced DWI defense lawyer will argue for a plea bargain in order to get charges reduced from a DWI to a DWAI. A plea bargain is when the defendant agrees to plead guilty to the reduced charge to get the more serious one dropped. Plea bargaining is a valuable tool for both the prosecution and the defense since a trial can be risky as well as expensive.
“In a plea bargain, the defense and the prosecution will negotiate to reach an agreement depending on the evidence and factors surrounding the case. In most cases, a prosecutor will be most concerned with the aggravating factors of the case, particularly any prior criminal history or prior drug or alcohol-related arrests,” continued Mr. Bassett. “As the defense lawyer, I will look for any weaknesses in the prosecution’s case and offer alternatives. Reducing charges is only part of what can be negotiated during a plea deal. Prosecutors will sometimes agree to lesser fines, conditional discharge, or probation. But these will hinge on the circumstances surrounding the arrest and the defendant’s history. Once we have reached an agreement, it will then go before the court for approval. There may be many defenses available to someone after a DWI charge, but those must be considered carefully with your DWI defense lawyer.”
Jason Bassett, Esq. is a former prosecutor and knows what the prosecution looks for and what they are willing to work with. He believes that everyone has the right to quality criminal defense and offers a no-cost consultation to discuss your case if you have been charged with a DWI in New York. To learn more about his firm, go to https://jbassettlaw.com/can-a-dwi-be-reduced-in-ny/
SOURCE: Press Advantage [Link]
Criminal Attorney Jason Bassett is an experienced NYC area prosecutor now fighting for defendants in Suffolk County, Nassau County, and Long Island.
February 23, 2021 – New York DWI Lawyer Talks About the True Costs Of a Drunk Driving Conviction
February 22, 2021 – NY DWI Lawyer Earns Yet Another Great Testimonial From A Client