Understanding Plea Bargaining in a Michigan OWI (Operating While Intoxicated) Case

In Michigan and nationwide, most criminal cases are resolved through plea bargaining. While a defendant can always exercise their right to a trial, plea bargains play an important role in resolving criminal cases. A Michigan OWI Plea Bargain offers defendants an opportunity to avoid the risks of going to trial in exchange for reduced charges, less severe penalties, and less uncertainty about how their criminal case will be resolved.

If you were charged with OWI in Michigan, you may have questions about a potential plea bargain, how the plea bargaining process works, and whether you should accept the deal or take your case to trial.

Robert Elmen is a criminal attorney in Ann Arbor, Michigan, who represents people charged with OWI and other crimes throughout the state. He exclusively practices criminal law and is dedicated to protecting the rights of the accused and ensuring his clients obtain a favorable result, whether that is obtained by taking their case to trial or through plea bargaining.

To put his experience to work for you, contact Elmen Legal today to schedule an appointment to discuss your situation and how Elmen Legal can help.

What Is Plea Bargaining?

In the most general sense, a plea bargain is an agreement between the defendant and the prosecution where the defendant agrees to plead guilty or no contest in exchange for a less severe charge, more lenient penalties, or both. A plea bargain provides a degree of certainty and predictability by avoiding the uncertainty of a trial and the potential for a harsher sentence.

Plea bargains can take different forms. In some cases, a defendant pleads guilty to a less severe charge, which results in a less severe penalty. In others, the plea involves a reduced sentence, which avoids the uncertainty of waiting to see what penalties the judge will impose if the defendant is found guilty at trial.

Advantages of Plea Bargaining in Michigan OWI Cases

Plea bargains serve several essential purposes in resolving OWI cases fairly and efficiently.

• Efficient Resolution: Plea bargains expedite court proceedings and avoid lengthy trials, especially when the evidence against the defendant is substantial. This efficiency benefits all parties involved, including the court, the prosecutor, and the defense.
• Cost-Effectiveness: Taking an OWI case to trial can be expensive. Plea bargains reduce legal fees, expert witness expenses, and court costs, which can make the process more affordable for defendants.
• Reduced Legal Risks: A trial can be unpredictable and the outcome can be severe. A plea bargain minimizes the risk of being convicted of a more serious offense and often results in reduced charges and a more favorable sentence. This provides defendants with a degree of certainty and control over the outcome.
• Fairness: Plea bargains allow for fair and proportionate outcomes tailored to the specific circumstances of each OWI case. A plea bargain considers the defendant's unique circumstances and criminal history and ensures a more individualized and just resolution.
• Certainty: Plea bargains provide the prosecution and the defense with a predictable outcome and avoid the risk and uncertainty of a trial.
• Reduced Stress: The stress and anxiety associated with a trial can be overwhelming. A plea bargain offers a less stressful and emotionally draining way to resolve a criminal case.
• Preservation of Resources: Plea bargains conserve court resources, allowing the court to focus on more complex cases and reducing the strain on the criminal justice system.

Plea bargaining is a valuable tool in resolving Michigan OWI cases fairly, efficiently, and with reduced risk for defendants. However, a defendant should consult with an experienced OWI defense attorney to fully understand the potential consequences of a plea bargain and ensure their rights are protected.

How Does Plea Bargaining Work in a Michigan OWI Case?

Before your defense attorney can begin negotiating a plea in an OWI case, he must evaluate the evidence, identify legal theories to challenge its admissibility, and evaluate the likelihood of success if the case goes to trial.

Evaluating the Evidence

The first step in any plea negotiation is evaluating the strength of the case. Your OWI defense attorney will analyze the evidence, its admissibility, and any potential legal challenges, all of which play a crucial role in determining the likelihood of success at trial. This evaluation informs the plea bargaining strategy and helps determine the most favorable approach.

To ensure the prosecution adheres to all applicable laws, a defense attorney must be well-versed in the rules of evidence and criminal procedure. We use our knowledge of the law and our experience to raise defenses that challenge the prosecutor’s interpretation of the facts.

Negotiating with the Prosecution

Once your attorney has evaluated the strengths and weaknesses of the case, including arguments that might be presented at trial as well as strategies to convince the prosecutor to offer a more favorable plea bargain, he will negotiate with the prosecutor for a plea bargain that involves a reduced charge that carries a less severe sentence, or a plea to the original charge in exchange for a reduced sentence.

Your defense attorney can also negotiate whether you will enter a Guilty plea, which means you admit the offense, or a No Contest plea in which you neither admit nor deny the allegations.

During plea bargaining, your defense attorney will emphasize potential legal issues, such as problems with the collection or handling of evidence, in an effort to undermine the prosecution’s case. The objective is to reach a plea bargain that minimizes the severity of the penalties while fulfilling the interests of both parties.

Potential Pleas in Michigan OWI Cases

A defendant typically has three plea options in Michigan OWI cases: not guilty, guilty, and no contest.

• A defendant typically enters a Not Guilty plea at the initial appearance to allow for further investigation and case preparation.
• A Guilty plea acknowledges responsibility for the offense, and might be to the original charge or reduced charges.
• A plea of No Contest, or Nolo Contendere, does not contest the charges but does not admit guilt. This may be beneficial in cases where an OWI charge could lead to civil liability.

Should You Accept a Plea Bargain in Your Michigan OWI Case?

Every case is unique, and what might be a good deal in one case might not be a good deal in another. A plea bargain is a compromise, and deciding whether to accept a plea bargain often comes down to weighing your options, the potential risk of going to trial, and avoiding uncertainty.

Plea bargaining is essential for the efficient functioning of the criminal justice system. Prosecutors and judges benefit by resolving a case while conserving court time and resources. For defendants, a plea bargain can reduce the time you spend in court and the severity of the penalties you could face. Accepting a plea bargain gives you a good idea of the sentence the judge will impose. While every case is unique, a plea bargain can provide a more definite and efficient resolution and allow you to anticipate the likely outcome of your case.

Contact a Michigan OWI Defense Attorney Today

Elmen Legal is based in Ann Arbor and represents people charged with OWI throughout Michigan. Call us at (734) 707-8915 or contact Elmen Legal today to schedule an appointment to discuss your situation and how defense attorney Robert Elmen can help.