What am I looking at on a felony DUI and child endangerment and should I take it to trial? 12 Answers as of October 25, 2013

I currently have a case that I'm being charged with felony DUI and 3 counts of child endangerment. The DA wants me to serve 6 years in prison. It's my first DUI. Is that fair or should I take it to trial? My stepson was injured in the accident. He has a brain injury but he's fine. He's back at school and the DA really doesn't care. She wants me to go to prison for a long time. I have been raising him since he was 2 years old and they act like I meant to do this and try to kill him.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Universal Law Group, Inc. | Francis John Cowhig
I am assuming that you have an attorney. You should be asking your attorney this question since (s)he knows more about your case than anyone on this forum.
Answer Applies to: California
Replied: 10/25/2013
Law Office of Robert Sisson | Robert Sisson
Seems like a rather harsh recommendation but I need more facts.
Answer Applies to: Wisconsin
Replied: 10/25/2013
Nichols Law Firm
Nichols Law Firm | Michael J. Nichols
Without knowing more all I can say is that you have no chance of making the outcome better if you plead guilty on those terms.
Answer Applies to: Michigan
Replied: 10/25/2013
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Do yourself a favor. You need to hire a DUI specialist.
Answer Applies to: California
Replied: 10/25/2013
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Once you are drinking and driving whatever happens, you meant it to happen. If you cannot take the six, go to trial. If you are found not guilty, you go home. If you are found guilty, then you will be gone for more than 10 years.
Answer Applies to: Georgia
Replied: 10/25/2013
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    If this is in Michigan then your attorney can run the guidelines to see what the sentence should be.
    Answer Applies to: Michigan
    Replied: 10/25/2013
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    The decision to go to trial must also take into account the strength of the state's case against you and the prospect of a longer sentence if convicted. If the prosecutor is seeking a maximum sentence you have very little to lose by taking it to trial. A plea agreement usually involves putting a "cap", or upper limit, on the potential sentence. The actual sentence imposed then is still in the judge's discretion. All of these factors need to be taken into account in making your decision.
    Answer Applies to: Minnesota
    Replied: 10/25/2013
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    The question depends on the facts of the case, your prior history and what your lawyer advises. Hard to tell based on what you emailed.
    Answer Applies to: Nebraska
    Replied: 10/25/2013
    Robert S. Evans ESQ | Robert S. Evans ESQ
    Because I don't know where the incident occurred and what the exact charges are , I cannot offer a real professional opinion. However 6 years seems to be an offer that should be further negotiated for a first offender it seems a bit much.
    Answer Applies to: New York
    Replied: 10/25/2013
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    He has a brain injury but yet you say he's fine? I doubt he would agree with your assessment on that. No one is saying you did it on purpose, nevertheless, that doesn't change the fact it happened. I can understand you being scared but I found your attitude offensive. DUIs involving injury are serious crimes and prosecutors rarely give deals. You need to invest in an experienced DUI attorney to thoroughly review your case to see if any motions can be filed and what your best options are.
    Answer Applies to: Michigan
    Replied: 10/25/2013
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    You need to contact an experienced attorney in your area asap. Without knowing all of the facts it is hard to comment further.
    Answer Applies to: Minnesota
    Replied: 10/25/2013
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney

Need more information on drunk driving law? Visit our free DUI resource page to learn more.

If you need immediate assistance, fill out a free case evaluation form to connect with a DUI lawyer in your area today!