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A Walk Through Two Drunk Driving Cases: How the Criminal Justice System Works


Andrew Duncan left Shelly Rogers and ran back upstairs to court to meet with another client.

Rogers Considers a Plea Bargain Suggested by Her Public Defender

After lunch, Shelly Rogers was hauled back into court. Standing before the judge, still handcuffed, Shelly wondered what was going on. Duncan hadn't been back to see her.

Duncan ran in, put his briefcase down, pulled out a file folder and leaned in to whisper to Shelly. "I was in another courtroom on another case and couldn't come talk to you. Sorry. I want you to know, though, I spoke to the D.A. If you do the 18-month alcohol rehab program and plead guilty now, they'll let you out tomorrow -- as soon as the 48 hours are done. You'll be on probation for three years. And you'll do some community service instead of the fines; they do that where people can't afford to pay them. Okay?

Rogers: "Yeah. I guess that's the best I can do."
PD: "Well, you do risk a lot more if you fight and lose."
Rogers: "Okay."

The Court Takes Rogers' Guilty Plea Under the Plea Bargain

"Alright, just say yes to all the questions the judge asks you and we'll be out of here in three minutes," Andrew tells his client.

"Alright people, we're back on the record, let's go," the judge called as she sat down at the bench. "What's next?" she asked her clerk.

Clk: "Rogers is back -- continued from this morning."

Okay, Ms. Rogers. Let's see, you now have counsel," said the judge.

Rogers: "Yes."
Judge: "And how do you now plead to the charges of second offense driving under the influence?"
"Say 'guilty,'" Andrew Duncan whispered to Rogers.
"Guilty," Rogers said.
Judge: "Counsel, have you reached a settlement?"
D.A.: "Yes, your Honor; 18-month program, 3 years probation, $500 fine which we'll convert to community service hours (because the defendant is indigent), plus 48 hours -- if she pleads guilty now."
Judge: "Ms. Rogers, do you know that by pleading guilty you lose the right to a jury trial?
Rogers: "Yes."
Judge: "Do you give up that right?"
Rogers: "Yes."
Judge: "Do you understand what giving up that right means?"
Rogers: "Yes."
Judge: "Do you know that you are waiving the right to cross-examine your accusers?
Rogers: "Yes."
Judge: "Do you know that you are waiving your privilege against self-incrimination?
Rogers: "Is that the Fifth Amendment?"
Judge: Yes.
Rogers: "Yes."
Judge: "Did anyone force you into accepting this settlement?"
Rogers: "No."
Judge: "Are you pleading guilty because you in fact were driving under the influence?"
Rogers: "Yes."

Copyright 2005 Nolo

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