The Role of Your Attorney in Your DUI Case
The Role of Your Attorney in Your DUI Case
While hiring an attorney is expensive these days, defending yourself in a DUI case is almost certainly a recipe for disaster. According to Jeff Haynes, a DUI attorney in Sarasota, Florida, the right attorney can make all the difference in your DUI case. And the sooner you get your attorney involved, the better. Here, Haynes talks about what role an attorney will play in your DUI case.
Determining if Your Case Is Defendable
First and foremost, your attorney's role is to evaluate the evidence in your case to determine whether or not your case is defendable. Did the police officer have a valid reason to pull you over? Have you taken a breathalyzer or field sobriety tests? Were you involved in an accident in which someone else was hurt or killed? Were there any witnesses? All of these factors are important in determining whether or not you should plead guilty to a DUI charge. In order to decide which motions are in your best interest to file, your lawyer needs to evaluate all the facts in your case.
Negotiating a Plea Bargain
A plea bargain is a deal offered by the prosecutor in exchange for a guilty plea. If you've already been charged and your attorney believes that the evidence against you is strong, then your attorney can work with the prosecuting attorney to negotiate a plea bargain. As part of a plea bargain, your attorney may be able to get the charges against you reduced or get you a reduced sentence. He may even be able to save your driver's license.
Defending Your Case in Court
Your attorney's another role is to defend your case in court if your case goes to trial. A common misconception is that there's very little chance of winning a DUI case. But in fact, there are a number of situations that could make your case difficult for a prosecutor to prove. For example, were you stopped for a legal reason? Regardless of whether or not you were drinking and driving, you cannot be stopped unless a police officer has probable cause (a reason to suspect that your ability to drive is impaired). While observably poor driving is certainly probable cause, a police "hunch" is not. If you were stopped without adequate evidence that you were intoxicated, then your case may be very winnable, according to my experience.
In addition, witness problems are also common in DUI cases. Because getting a case into court takes time, sometimes, police officers retire or witnesses move out of the area. Without the proper witnesses, it may be extremely difficult for the prosecutor to prove your guilt. Therefore, unless the prosecutor has a rock solid case against you, it isn't in your best interest to plead guilty.
Safeguarding Your Legal Rights
In my opinion, the attorney's most important role is to ensure that your rights are protected as your case progresses through the legal system. A DUI arrest can be a very frightening experience. With so much on the line, it's incredibly important to have someone by your side, walking you through each step in the process and doing everything possible to ensure the best possible outcome.
In order to find the right DUI attorney, I recommend looking for someone who is not only experienced in DUI cases, but also familiar with the judge and the prosecutor who'll be handling your case. For example, as a former prosecutor, I believe I'm uniquely qualified to handle DUI cases in Florida. Finding someone with that kind of insight into the system could mean the difference between a harsh, life-changing sentence and putting your DUI charges behind you once and for all.
On the other hand, it is expensive to hire a good attorney. Good attorneys are not free, but an attorney with extensive DUI experience can get a better result. If you can afford to hire your own attorney, you certainly won't be sorry you did. However, if you can't afford it, you should absolutely exercise your right to free counsel.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.
Why You Should Hire a Private Attorney Know More about a Power of Attorney Hiring a Probate Attorney for the Probate Process Why You Should Hire a Lynnwood Attorney for Your DUI Case? Get out of a dwi case hire a St Louis dwi attorney Maryland Accident Attorney: Under Three Dire Circumstances, One has to Cry for Help El Paso DWI Attorney: DWI Process in El Paso and how a DWI Attorney Can Help When You May Need to Talk to an Attorney Choosing a dui criminal attorney in los angeles More truths about durable power of attorney Criminal Attorneys in Minnesota Big Rig Accident Attorneys Knowing the Basics How DUI Attorneys Win Motions to Dismiss a Drunk Driving Cost