After a defendant is convicted of a DWI, they move into the sentencing phase. Whether the person pleads guilty, enters a plea bargain, or is found guilty through a jury trial, they will face sentencing. Judges and juries can impose one or more of the following punishments on someone convicted of DWI.
* Probation
* Fines
* Community service
* A mandatory drug or alcohol rehab program
* A suspended sentence, where the defendant faces the full original sentence if they violate conditions
* Jail time (sentences are typically of short duration)
* Longer jail sentences in cases involving serious injury or death
When Does DWI Sentencing Typically Take Place?
Most DWI sentences are done right away after the disposition of the charges are finally determined; therefore, if a defendant accepts a plea bargain, they are immediately sentenced. After a jury trial, it is quite common for the sentence to be handled in a separate procedure, which can be held several weeks after the conviction.
Determining the Appropriate Sentence in a DWI Case
DWI lawyers in Wanaque, NJ will typically enter into arguments to determine the severity and length of the defendant’s punishment. The sentencing judge is guided by statutory limitations outlined in New Jersey’s penal and vehicle codes. A judge can also consider the below factors in some circumstances.
* The client’s previous criminal and DWI history. First-time offenders are typically treated less severely than those with prior records.
* The DWI’s effects on victims.
* The defendant’s social, economic, and personal circumstances. If the person has a solid work history, strong family ties, and is a contributing member of society, their punishment may be less severe.
* The defendant’s remorse or regret. If the person convinces the judge that they are truly sorry for their actions before a sentence is handed down, they may be less harshly punished.
Should a Defendant Consult a Lawyer on DWI Sentencing?
Anytime one is facing DWI charges, they should have a DWI lawyers in Wanaque, NJ for help and advice. Moreover, if a person believes that their rights have been violated or that their sentence is overly harsh, they should consult a lawyer with website who handles DWI cases and constitutional litigation.
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