NEGOTIATING WITH THE PROSECUTOR TO GET A RECKLESS DRIVING TICKET REDUCED
If you are have received a reckless driving ticket in Virginia, particularly for a relatively low speed, you will probably be interested in getting the charge reduced. Obviously, the judge that hears the case will have the power to reduce or dismiss the charge. But charges can be reduced, and often are, through a process called plea bargaining. In a plea bargain, the Prosecutor agrees to resolve the case in a certain way if you agree to plea guilty. The advantages are obvious to both sides. From the driver’s side, you receive a certain result and avoid the risk associated with leaving the matter up to a judge who may do what you want or may impose some more severe punishment. The prosecutor also gets the advantage of a certain conviction. They also avoid having to spend time trying a case. Because of these advantages to both parties, a very large percentage of cases are resolved via plea bargain.
In almost every jurisdiction in Northern Virginia, the Prosecutor will not look into the case until the day of court. This means that you will have to wait until that day to speak to the Prosecutor about a potential plea bargain. If you want to try to negotiate a reduced charge with the Prosecutor, there are a number of tips you will need to follow to get the best possible results.
- KNOW WHETHER THE JURISDICTION ALLOWS PLEA BARGAINS
Different Prosecutor’s offices have different policies about negotiating plea deals. In Arlington, Alexandria, Fauquier and Prince William the Prosecutor will talk to you about resolving the case via plea offer. In Prince William, you will need to tell the judge that you would like to talk to the Prosectuor when your name is called. In those other jurisdictions the Prosecutor will usually find you to discuss your options.
However, in Fairfax County, Fairfax City, and Loudoun the Prosecutor’s office will only negotiate plea offers with lawyers. That means that you will need to hire a lawyer if you want to get a guaranteed reduction in those jursidictions.
- UNDERSTAND THAT IT IS A NEGOTIATION, NOT A TRIAL
It is very likely that the Prosecutor will not agree to dismiss your case. This is particularly true if you dispute the facts of the case or something the police officer did. If you don’t think that you are guilty, save yourself the time of trying to negotiate and simply explain your case to the judge. If you think you have a legal issue, you may want to consult a lawyer.
- HAVE A REALISTIC EXPECTATION
Do a little research before you go to court and have an idea of what a good result for your case would be. Many lawyers offer free consultations. Even if you don’t hire one, you should be able to get a good idea of what is possible. For example, if you are doing 115 in a school zone, you shouldn’t expect to get off with a warning. Also, if you are going 76 in a 55 you shouldn’t expect to go to jail. If you know what is likely and what is possible you can have a better gauge of what to ask for during your negotiation. Also it helps to know if your court allows for matters to be dismissed after a completion of a traffic school program. Some courts allow this and others don’t.
- REMEMBER THAT THE PROSECUTOR IS A HUMAN BEING
They are working their jobs and will likely be influenced by the same sort of thing that positively influences people everywhere. Be direct and courteous. Respect their time. Dress appropriately for court. If you are an out of state driver, get a copy of your driving record. Also, if they ask you what you are looking for as a result, tell them what you want for a result. They don’t care why you want it or why you think its fair, be direct and tell them that you want it reduced to a speeding ticket or whatever other goal you are looking for. They will be talking to a lot of people that day and really aren’t interested in hearing 100 sob stories.
If you follow this tips, you will put yourself in the best position to get a good plea offer. Remember, it is just that an offer. You are under no obligation to accept the terms. If you think the deal is unfair you have every right to take your case to trial or otherwise ask the judge for a more favorable resolution.
Remember that if it is your first time in court and you don’t like the offer, you can absolutely ask the judge to reschedule the case for another day to allow you time to hire a lawyer. Also, please note the rules for appealing cases before you even go to court.
If you are unhappy with the result of your case you can have it heard again by another judge as long as you file for an appeal within ten calendar days.
