Can I lower down my charges? 79 Answers as of June 14, 2013

Can I lower down my charges? Even on second offense, is that possible?

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
If you need specific legal advice for your particular circumstances, I encourage you to privately consult with a lawyer. If you are charged with an offense and cannot afford to pay for your own defense, the court may appoint you an attorney payable at the public's expense. You have a right to counsel. Whether your charges are lowered usually depends on the plea-bargaining process or some type of procedural issue whereby the previous conviction could not be used against you for the purposes of the charges. That occasionally happens if the underlying conviction used for the enhancement is inaccurate. Some courts have sobriety court programs which offer a reduced charge as an incentive to participate. Ultimately, as with anything else, it depends on your alleged facts, the county and court, the prosecutor's office, and numerous other factors. The prosecutor never has to offer a plea deal; however, a vast majority of cases in Michigan get resolved through the plea-bargaining process. I'd recommend you retain a lawyer to help you with this matter.
Answer Applies to: Michigan
Replied: 7/20/2012
Law office of Robert D. Scott | Robert Scott
You and/or your lawyer can always attempt to negotiate with state to lower your charges.
Answer Applies to: Maryland
Replied: 6/22/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
It is possible it depends on the facts and whether you have gotten into AA and rehab and got tested for alcohol abuse. Talk to a lawyer about this they can guide you.
Answer Applies to: Michigan
Replied: 6/15/2012
Craig W. Elhart, P.C.
Craig W. Elhart, P.C. | Craig Elhart
The answer to your question depends on the facts and circumstances involved when you were charged. Its always a possibility to work out a better deal with the prosecutor if you have a good DUI attorney.
Answer Applies to: Michigan
Replied: 6/12/2012
The Short Law Group, P.C.
The Short Law Group, P.C. | Shawn Kollie
Pursuant to Oregon statute, and District Attorney is not allowed to 'lower down' a charge for DUI. This means that a District Attorney cannot offer a plea bargain of a Reckless Drive, and dismiss the DUI. Especially on a second or third offense the stakes are high. Contact a DUI Lawyer in your area for a free consultation.
Answer Applies to: Oregon
Replied: 6/12/2012
    Law Office of Michael E. Dailey
    Law Office of Michael E. Dailey | Michael E. Dailey
    Probably not but this depends on many factors including the age of the previous contact, the jurisdiction, the facts of the case and personal history as well as many intangibles surrounding every case. Although not likely it is not necessarily impossible. In any event it is not something you will be able to do yourself.
    Answer Applies to: Missouri
    Replied: 6/5/2012
    Grantland, Blodgett, Shaw & Abel
    Grantland, Blodgett, Shaw & Abel | Gregory M. Abel
    In Oregon, a DUII may not be reduced by statute. The listed options are to plea, enter diversion or go to trial. There are defenses and options and you should consult with a DUII attorney.
    Answer Applies to: Oregon
    Replied: 6/5/2012
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    I would need further information, such as what are the charges etc. You should hire an attorney and disclose all the facts and charges.
    Answer Applies to: New York
    Replied: 6/5/2012
    Salladay Law Office | Lance Salladay
    Anything is "possible", however depending on the circumstances of your situation, it is not likely that DUI charges are reduced if the state has a good case with good evidence, particularly on a 2nd offense.
    Answer Applies to: Idaho
    Replied: 6/5/2012
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    Hire a lawyer or, at least consult with a dui lawyer.
    Answer Applies to: New Jersey
    Replied: 6/14/2013
    The Woods Law Firm
    The Woods Law Firm | F.W. Woods Jr.
    Yes, this is possible. Consult with a criminal defense attorney regarding the nature of your charges.
    Answer Applies to: South Carolina
    Replied: 6/5/2012
    LEATHERS LAW FIRM
    LEATHERS LAW FIRM | A. Wade Leathers, Sr.
    It is possible to lower a charge from DUI to something else. However, you need to contact and retain an attorney to handle your case, especially on a second DUI charge.
    Answer Applies to: Alabama
    Replied: 6/5/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    Whether you can achieve a lessening of your charge will always depend upon the facts of your case. If you have potential defenses, a prosecutor may be willing to make charging concessions, or penalty concessions, in order to avoid taking the chance you might be acquitted at trial. You won't know until you discuss your case with an attorney.
    Answer Applies to: Minnesota
    Replied: 6/5/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    All things are possible, but a lot depends on the test results and the officers involved.
    Answer Applies to: Nebraska
    Replied: 6/5/2012
    The Law Offices of Scott L. Little, LLC | Scott L Little
    You have no authority to bring charges. Therefore you cannot lower them. Ultimately the decision to lower charges is up to the State. However, in exchange for a plea the State will often lower the charges.
    Answer Applies to: Maryland
    Replied: 6/5/2012
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    You better get a good lawyer son. You can get up to a year and a $2500 fine. Your license is at risk.
    Answer Applies to: Virginia
    Replied: 6/5/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    It is always possible. However, it would be very unlikely unless you have an aggressive attorney who can present a strong defense.
    Answer Applies to: Minnesota
    Replied: 6/5/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    There is no lesser offense to a DUI.
    Answer Applies to: Alabama
    Replied: 6/5/2012
    Hynum Law Office, LLC
    Hynum Law Office, LLC | G. Wayne Hynum
    If you are charged with a second offense DUI the law forbids the court and prosecutor from suspending or reducing the minimum sentences. However, if you have a good attorney he may be able to prove that there was some defect in the first DUI conviction, which would result in the second conviction being counted as a first DUI with first DUI penalties.
    Answer Applies to: Mississippi
    Replied: 6/5/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    No, but maybe your lawyer can. He will need a good argument for the DA.
    Answer Applies to: Texas
    Replied: 6/5/2012
    Larry K. Dunn & Associates | Larry K. Dunn
    The legislature has provided that a dui cannot be reduced if the state can show there was probable cause for the stop and the state can prove the case beyond a reasonable doubt. The law prohibits the state from negotiating a case unless there is some type of proof problem. Frequently attorneys are able to identify proof problems and are able to have the charges reduced through negotiations.
    Answer Applies to: Nevada
    Replied: 6/5/2012
    Khayoumi Law Firm
    Khayoumi Law Firm | Salim A. Khayoumi
    A Defendant facing DWI/DUI charges in New Mexico, particularly repeat offenders, are advised to hire defense counsel immediately. The defense attorney you hire or the public defense that is appointed to represent you will most likely engage in plea negotiations with the Assistant District Attorney prosecuting your case. If an agreement is reached then the DWI/DUI charge can be lowered. HOWEVER, even if lowered to a DWI-1st the statutory mandatory minimums still apply. In other words, for a DWI-2nd offense the mandatory minimum for a guilty defendant is 48 hours in jail.
    Answer Applies to: New Mexico
    Replied: 6/5/2012
    Hammerschmidt Broughton Law
    Hammerschmidt Broughton Law | Mark A. Broughton
    Yes, as lawyers always say, it all depends on the facts, and of course, the skill and experience of your lawyer.
    Answer Applies to: California
    Replied: 6/5/2012
    James M. Osak, P.C.
    James M. Osak, P.C. | James M. Osak
    The prosecutor/cops have to PROVE their case against you! Retain yourself an attorney. Your attorney will try to reduce the charges against you -OR- fight the charges. Just DO NOT plead guilty to any charges!
    Answer Applies to: Michigan
    Replied: 6/5/2012
    Glass Defense Firm
    Glass Defense Firm | Jason M. Glass
    Yes it is possible and it happens everyday. Many times on a second offense you can easily get it reduced to a first offense which lessens the penalties attached to it.
    Answer Applies to: West Virginia
    Replied: 6/5/2012
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    Yes. Can you do it alone, probably not.
    Answer Applies to: California
    Replied: 6/5/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    You will not be able to do anything. A skilled lawyer however may be able to convince the prosecutor to lower the charges.
    Answer Applies to: Georgia
    Replied: 6/5/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    Prosecutors usually will be willing to discuss a plea bargain.
    Answer Applies to: Georgia
    Replied: 6/5/2012
    Alvin Lundgren | Alvin Lundgren
    It is always possible.
    Answer Applies to: Utah
    Replied: 6/5/2012
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Most times the district attorney over charges on a complaint. They do this so that they can offer a reduced count or a reduced sentence. This is part of the plea bargain strategy. So you can most likely get the charges reduced.
    Answer Applies to: California
    Replied: 6/5/2012
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    The answer lies in your Court, your Prosecutor, the facts surrounding your case, and your attorney. The Court you are in will affect whether this is possible. In some rather rare instances, a Judge may not accept a plea to a reduced charge. This is quite unlikely if you get an agreement with the prosecutor, however, it can happen. The prosecutor in your case will have a great impact on whether this is possible. Different prosecutors have different polices and procedures. For example, a County Prosecutor may have a different view from a City Prosecutor, and the two may be very different in their willingness to reduce charges even though they practice in the same Court before the same judge. The facts in your case will have a great impact on your ability to be considered for a reduced plea. A brethalyzer test of .08 is dramatically different from one which is .23. Finally, your attorney will have a great effect on getting the plea you seek. You need an attorney familiar with the Court and the type of charge you face. The attorney will be instrumental in having a realistic chance of getting the plea you seek. In some cases, it will be impossible to get a plea. Recently, my office represented an individual with a 15 year under the influence felony charge. There was no plea, so we went to trial. The result . . . .Not Guilty of the felony, but guilty of a misdemeanor. While this can never be guaranteed, it stands as an example of how each case is different, and that sometimes the desired result can be achieved. I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 6/5/2012
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    It is possible to lower DUI charges even on on 2nd offense. You should contact a dui attorney in your area to discuss further.
    Answer Applies to: California
    Replied: 6/5/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    Your attorney may be able to get a plea barain. You need to get an attorney.
    Answer Applies to: Michigan
    Replied: 6/14/2013
    Myles Hahn III Attorney at Law | Myles Hahn III
    Only the state can lower charges. Retain an attorney immediately and start discussing possibilities.
    Answer Applies to: Illinois
    Replied: 6/4/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    No, you cannot lower your own charges, only the state can lower the charges, and usually does not lower the charges, especially on a second dui.
    Answer Applies to: Florida
    Replied: 6/4/2012
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    I'm assuming you are talking about a dui offense, if so, it is always possible to lower the charges but there needs to be a reason to do this, like the reason for the stop, probable cause, test result etc. Please contact an attorney directly to see what your potential defenses are.
    Answer Applies to: Minnesota
    Replied: 6/4/2012
    The Law Offices of Correen Ferrentino
    The Law Offices of Correen Ferrentino | Correen Ferrentino
    It depends on the strength of the evidence against you. An attorney can evaluate the legality of the car stop and the strength of the evidence of intoxication and/or a blood alcohol level over .08%. If there are evidentiary issues the DA may offer a wet reckless even on a second offense.
    Answer Applies to: California
    Replied: 6/4/2012
    Robert Valles and Associates P.C.
    Robert Valles and Associates P.C. | Robert Valles Jr.
    Depends in facts of case.
    Answer Applies to: Texas
    Replied: 6/14/2013
    William L. Welch, III Attorney | William L. Welch, III
    You may not do it. Only the prosecutor may, and that makes it extremely unlikely, unless you are pleading guilty.
    Answer Applies to: Maryland
    Replied: 6/4/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Hire an attorney.
    Answer Applies to: Michigan
    Replied: 6/14/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    It doesn't matter what number offense it is. Every case is different and unique, and whether you can lower the charge depends on the evidence for that particular case. You should contact a DUI specialist to evaluate a case. At the minimum get a free consultation.
    Answer Applies to: California
    Replied: 6/4/2012
    Ellman and Ellman PC
    Ellman and Ellman PC | Kevin Ellmann
    Yes, it is possible, but there is likely little difference between the sentence on a DUI with a prior vs. a DWAI with a prior. Best to get an experienced DUI defense attorney and FIGHT! Good luck!
    Answer Applies to: Colorado
    Replied: 6/4/2012
    Universal Law Group, Inc. | Francis John Cowhig
    Without knowing the full details and circumstances of your arrest it is impossible to answer your question. A reduced charge may be possible, but a full and complete description of the events is necessary in order to give you a realistic answer. I would strongly suggest that you contact an experienced criminal defense attorney and give him/her all the details surrounding your arrest. Good Luck.
    Answer Applies to: California
    Replied: 6/4/2012
    Law Offices of George Woodworth & Associates
    Law Offices of George Woodworth & Associates | George Woodworth
    Yes, of course, it is always possible. Every case has its weak points, and yours could have more than just possibilities that can be developed into a full-blown defense. That is how to get your charges reduced. Get an experienced, aggressive defense Attorney right away!
    Answer Applies to: California
    Replied: 6/4/2012
    Law Firm of Martin & Wallentine
    Law Firm of Martin & Wallentine | Jerry Lee Wallentine Jr.
    You cannot "lower down" a DUI charge. You may be able to get it dismissed or plead to minimums.
    Answer Applies to: Kansas
    Replied: 6/4/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Yes. It's possible. It all depends.
    Answer Applies to: New York
    Replied: 6/4/2012
    Baner and Baner
    Baner and Baner | Jonathan Baner
    No. Will the prosecutor take a lesser plea? Maybe. The primary motivation of good prosecutors is, "how strong is my case?" Criminal history is a very important consideration as well.
    Answer Applies to: Washington
    Replied: 6/4/2012
    The McDonnell Law Firm, PLLC
    The McDonnell Law Firm, PLLC | Patrick J. McDonnell
    It's always possible. I can't give you a probability not knowing any of the facts in your case. Consult a good attorney!!!
    Answer Applies to: New York
    Replied: 6/4/2012
    Law Office of Russell A. Warren
    Law Office of Russell A. Warren | Russell A. Warren
    Sometimes it's possible. It depends on how long ago your prior one was and in what jurisdiction or court your new one is in.
    Answer Applies to: Missouri
    Replied: 6/4/2012
    Law Office of Robert Sisson | Robert Sisson
    Yes, it is possible. However the facts of the case determine much of the negotiations.
    Answer Applies to: Wisconsin
    Replied: 6/4/2012
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    Charges may always be reduced by the state.
    Answer Applies to: Georgia
    Replied: 6/4/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You are not giving me any information about your case, but you telling me volumes about yourself. Yo are likely young, impulsive, uneducated, and not a good decision maker. How could you expect to get a good answer if you do not ask a good question? First of all, you can't do anything, you need to retain an attorney or have one assigned. He will investigate the matter ad advise you on how to proceed. You need to get a good education, find a career you love, and stay out of trouble. Life is about making good decisions. Getting arrested means that you are not making good decisions and you do not care about your future, your reputation, and how hurt your parents will be. You are undoubtedly lazy and unsophisticated and you must change your life around and start reading every day, studying, and working toward some goals. If that sounds harsh and critical that is because the truth often is and if you don't listen to good advice you will find yourself getting deeper into the hole you are digging. Good Luck.
    Answer Applies to: New York
    Replied: 6/4/2012
    McClendon Owens Melia McBreen LLP
    McClendon Owens Melia McBreen LLP | Richard L. McBreen III
    Generally, the answer is no. Oregon law prohibits plea bargaining on a DUII charge.
    Answer Applies to: Oregon
    Replied: 6/4/2012
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    Depending on the facts and circumstances of your case. Contact a lawyer and discuss the case with that lawyer. You have got nothing to lose by trying to get a reduction.
    Answer Applies to: Florida
    Replied: 6/4/2012
    Salberg Murdock
    Salberg Murdock | Jeffrey D. Salberg
    Depends on the facts of your case and how the officer handled the stop and the investigation after the stop. See a DUI attorney immediately to consult.
    Answer Applies to: Utah
    Replied: 6/4/2012
    Law Office of Hieu Vu
    Law Office of Hieu Vu | Hieu N Vu
    No. You need an attorney to do this. If you try yourself, the da will beat you and take your lunch money. Your decisions will also affect what courtroom thus how sentencing practice. This can mean the difference between a judge denying home confinement thus not allowing house arrest or you spending county time and joining a gang. Talk with your local attorney who will give a free consult or public defender. Good luck.
    Answer Applies to: California
    Replied: 6/4/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Without knowing the facts of your case, I have absolutely no way of knowing. I can tell you that DUI cases are difficult to negotiate and a second DUI is even more so. You need to retain the services of an attorney to work with you on this.
    Answer Applies to: Washington
    Replied: 6/4/2012
    Law Offices of Ramona Hallam
    Law Offices of Ramona Hallam | Ramona Hallam
    You can either lower your charges through a successful trial or by agreement with the District or City Attorney. An attorney will usually attempt to negotiate lesser charges for you. A lot depends upon the facts of your case. If you gassed and robbed an old woman, believe me, the DA will want to see you out of society, as will the judge and jury. There might be a deal, but it won't be great. If, on the other hand, you had a bottle of liquor and ran out of the store with it and they charged you with robbery, you may be able to successfully negotiate a lesser charge. It depends upon the severity, your priors, and the mood of the people at court that day. You should retain counsel to help you through the case.
    Answer Applies to: California
    Replied: 6/4/2012
    Law Office of Michael Morgan, l.L.C.
    Law Office of Michael Morgan, l.L.C. | Michael Morgan
    It's possible depending on a number of factors.
    Answer Applies to: Washington
    Replied: 6/4/2012
    The Law Office of James McKain
    The Law Office of James McKain | James McKain
    It's possible. It depends on the facts of your case. Typically, the more nervous one can make the prosecutor, the more likely they are willing to offer a good deal. Contact an experienced DUI defense attorney as soon as possible to discuss the strengths and weaknesses of your case.
    Answer Applies to: Washington
    Replied: 6/4/2012
    Law Office of James J. Rosenberger | James Joseph Rosenberger
    Second, third...you always have a realistic chance at a reduction and those chances are greatly enhanced by assistance of a competent attorney. I consult free of charge with no obligation to hire. You should speak to an attorney, especially if this is DUI #2.
    Answer Applies to: Washington
    Replied: 6/4/2012
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    It depends on the evidence and on the prosecutor assigned to your case. Depending on the evidence against you, it may be possible to plead to a lesser charge, such as "impaired driving." Your best chance at getting the charges reduced is to hire a DUI attorney, who can argue that some or all of the evidence against you is inadmissible. If the evidence is suppressed , your chances of getting a plea offer from the prosecutor increase substantially. The fact that this is potentially a second DUI does not change any of the analysis for suppression.
    Answer Applies to: Utah
    Replied: 6/4/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    On a second offense for anything, it is almost a 100% certainty that you will not have the charges reduced. Even though you fail to mention what you are charged with in the first place, it should make little difference, you are in deeper trouble than on your first offense. The only way I could possibly see the prosecution agreeing to reduce charges is if they have a very weak case, in which case you should probably seek a trial. In any case be sure to have competant counsel with you, do NOT try handling this on your own.
    Answer Applies to: Illinois
    Replied: 6/4/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Anything is possible. Likely is a different question. CAN the case end up being reduced or dropped? Sure. Is that likely, just because you want it? No. The police and prosecutors don't spend time and money arresting, charging and prosecuting cases only to drop them without a fight, and a reason to do so. The honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, police reports, testimony, priors history, etc. I can help you fight the criminal charges and get the best outcome possible. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate. A little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things effectively, then hire an attorney that does.
    Answer Applies to: California
    Replied: 6/4/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    It depends on the facts of the case but it may be possible - consult a lawyer ESPECIALLY on a second (or more) offense.
    Answer Applies to: Colorado
    Replied: 6/4/2012
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