Q: A person came to my office to represent them for a driving under the influence arrest. The person told me that their spouse was the actual driver, but, because of a parole situation, the person was going to agree to take the charge, even though the person did not want to. Because it was an accident, there is no ARD program. Can I represent the person and work out a guilty plea?

A: The answer is no. This scenario is very different from the situation where a client tells the lawyer they are innocent but decides to plead guilty to cut their losses because of a possibility of losing the case and receiving substantial jail time.

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