Assuming the role of a prosecutor prepare a plea offer for Mario. Assume he was charged with possession of methamphetamine and with DUI (with a blood alcohol content of .08/.09).
Assuming the role of defense counsel, prepare a counter-offer, following the same structure as outlined above.
You can be creative with realistic details that you provide, consistent with the parameters of the facts above, but each offer should be persuasive.
- Explain what you would offer the opposing side.
- Describe what factors you would consider in your offer.
- Include a paragraph justifying your offer.
A Sample Plea Offer for Mario
On 25th of March 2017 at around 5:20 pm, Mario was arrested for driving under the influence of alcohol in U.S. Route 1. His arrested was triggered by dangerous driving that prompted the traffic police manning that route to stop his car. The Alco-brow test demonstrated that Mario blood content contain 0.08/0.09 alcohol, which is above the limit in which one is allowed to drive on the state roads. Driving under the influence of alcohol has proved to be very fatal to all road users, Mario included. Drunken driving is what contributes to the high number of fatal accidents, which have claimed people’s life and injured others. Mario was stopped for driving careless, which means he was already a threat to the life of road users. Extensive search indicated that Mario was also in possession of Methamphetamine, which is counted as one of the illegal seductive. Thus, Mario is charged of those two offenses and he will be punished under the drug possession and DUI law.
Based on this law Mario license will be seized for 12 months, jailed six months for driving under the influence of alcohol, and pay a penalty of $2000 (Dui.drivinglaws.org, 2016). Drugs have proved to be a major problem in the country. Being in the possession of drugs is a crime punishable by the law with minimum of 2 years and maximum of 10 years in prison. Being the first time that Mario has been found with drug, then Mario will be given a light punishment of 2 years imprisonment and a fine of $10000. Thus, for the two crimes, Mario will serve two and a half years in prison and pay a penalty of $12000 (Criminal.findlaw.com, 2017).
Defense Lawyer Plea
On 25th March 2017 at around 5:20 pm Mario was arrested with accusation of driving under the influence of alcohol and drug possession. The defense would like to reach a plea agreement whereby Mario pleads guilty for the offense of driving under the influence of alcohol. However, Mario denies having been found with possession of drugs. Moreover, the blood analysis did not show any drug content in his blood. Thus, he was not under the influence of drugs but alcohol. My client is ready to pay a penalty for DUI offense. However, the defense would like you to drop the drug possession charges and allow us to settle for the DUI offence. My client is ready and willing to undergo therapeutic session to help him overcome the alcohol addiction. This will ensure that he will not repeat any of the offenses he is currently being accused of in the future.
The defense also request that you may drop the imprisonment option for the DUI in exchange for probation, where the prosecution will ensure that he undergo outpatient treatment for alcohol addiction. Mario is ready to do without a license until he is completely treated and also he is willing to pay the fine. However, having no previous criminal records, we would request that you consider giving the minimum penalty possible. It is important to consider that Mario did not cause any accident or harm anyone in his drunken state, thus, his crimes are not very fatal. Mario has agreed to solve the problem by fighting his alcohol addiction and thus, it is important to give him a chance. This settlement will save court’s time and the cost of conducting trial, and thus, this settlement will benefit all of us (Americabar.org, 2017).