Okay, let's take a closer look at this. The first hearing for a misdemeanor charge is an arraignment, during which you will be asked to enter a plea. Often, we are asked, sometimes too late, "Should I just plead guilty because I was drinking?"
The answer, every time, is NO! If you plead guilty or no contest to an OVI charge, you give up all of your rights.
Also known as, the innovative legal strategy of "making poor choices."
Guilty pleas forfeit your right to challenge the state, limit your ability to discuss mitigating factors with the prosecutor, and leave you blindly facing the judge's sentence.
In contrast, a Not Guilty plea allows the court to schedule a pretrial meeting with the prosecutor. This meeting provides an opportunity to present your case and defenses, addressing issues such as the conduct of the police officer, mitigating circumstances, and potential penalties. With an experienced OVI attorney by your side, you are much more likely to achieve a favorable outcome compared to accepting a blind guilty plea.
If you plead guilty, you forfeit the opportunity to evaluate whether the police acted appropriately and followed proper procedures. By doing so, you effectively absolve the police of any mistakes they may have made, regardless of their significance.
Even if the police have done everything perfectly, the prosecutor may still offer you a plea deal for a reduced charge. This decision often depends on factors such as your prior OVI history, your level of cooperation with the police, and the strength of the case against you. If you plead guilty, you forfeit the opportunity to negotiate for a reduced charge.
For instance, a first-time OVI conviction can result in jail time ranging from 3 days to 6 months, along with fines between $565 and $1,075. If you attend the arraignment and plead guilty, you will not know the sentence the judge will impose at that moment. Additionally, you will miss the opportunity to consult with the prosecutor, which could provide valuable insight—or even a potential agreement—regarding the likely penalty for your charges.
