Criminal Law Blog
November 22, 2006
Let’s talk for a moment about plea negotiations.
Part of my job is to inform you as to the law and the facts that apply in your case, and to prepare for trial or negotiate a resolution of the case with the State as necessary.
I will not, however, make the decisions as to whether to try the case, whether to take the case to a judge or jury, or whether you will testify at trial or at a pre-trial hearing. You must make those decisions. I would advise you as to what I believe would be the best course.
Regardless of whether you are interested in a plea bargain agreement, you need to know that the State makes offers of plea bargain agreements in most cases and that once such an offer is made, I have to tell you what the terms of the offer are.
Just because I tell you about the offer does not mean that I am suggesting that you accept the plea offer. I am merely doing my job, part of which is to convey the State’s offer to you.
Let’s talk for a minute about deciphering the shorthand that prosecutors use in making misdemeanor plea bargain offers.
In Travis County, prosecutors frequently make their first offers in DWI cases as follows: “with CES upfront, 90/18 pro + 2000/1500 + 60 CSR + KDL w/ ins + cc + CES and recs.”
Let’s start with the language “with CES upfront.” Translated from shorthand into English, this is what the recommendation means: “if you go to Travis County Counseling and Education Services (512-854-9440) and get an evaluation (which costs about $60) and follow all of their recommendations, then you can have the deal outlined below.”
Next, let’s talk about “90 TCJ /18 months pro.” This means that you will not go to jail again for this offense unless you “flunk” probation. Instead, you’ll be on probation for 18 months. If you “flunk” probation, then the judge could send you to jail for up to 90 days.
Next, let’s take up “+ $2000/$1500.” This means they want to assess a $2,000 fine, but you only have to pay $500 of that fine over the next 16 months of your probation. (Probation requires its clients to pay all fees and fines and costs no later than two months before the end of the probation.) If you “flunk” probation, then you could be made to pay the other $1,500 of the fine.
Next, let’s talk about “+ 60 CSR.” This means: “while on probation, you must perform 60 hours of Community Service Restitution.” The probation department will also require that you complete all of your community service restitution 2 months before the end of the probation.
Next, let’s talk about “KDL w/ valid insurance.” This means: “you may keep your driver’s license with valid insurance.” However, to keep your license, you must take an alcohol education class. If you complete that alcohol education class within 180 days after you enter your plea, then the Department of Public Safety will not suspend your driver’s license as a result of the conviction you will receive when you plead guilty to driving while intoxicated.
Lastly, let’s talk about “c/c.” This means: “pay $250 - $300 as court costs.” Again, this cost will be spread out over your probation, but must be paid 60 days before your probation would end.
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