why would an attorney got to trial in a dui

The DUI lawyer offers the much-needed representation for improved chances for a fair verdict. In extreme cases, DUI cases can result in revoking your driver’s license or you serving some jail time. Such outcomes can significantly impact your future and career life.

Full Answer

Should I choose a jury trial or trial by Judge for DUI?

Ultimately, what will help you determine if it is worth it to go to trial is the plea deal that the prosecution brings to you. If you have a DUI lawyer on your side, you can have them negotiate the terms of the plea deal. The weaker the case against you, the more lenient a deal you can reach.

What happens after a DUI case goes to trial?

Yes, many attorneys do not want to go to trial on DUI cases. We have seen this couple of different ways. Sometimes an attorney will offer a flat fee, and then they will include the trial in that flat fee. If the trial outcome is going to be the same thing that the plea agreement is, then you save time by not going to trial, which would essentially cost you more money as an attorney. We do not do …

Do I need a lawyer for a felony DUI?

Teaching Attorneys How to Handle Their First DUI Case: Working a DUI Case Pre-Trial CLE Discovery on South Florida DUI Cases When reviewing the discovery on a DUI case , it is important to look for the following:

Should I plead guilty or not guilty to a DUI charge?

In order to help guide their minds to where you want them to go. Your lawyer will have to set the stage early. The goals of opening statements from a DUI defense lawyer's perspective are, at a minimum for DUI trial arguments: Establish rapport with the jury; Set expectations about both the good and bad points of the case;

Can you go to trial for a client?

Yes, if a client is not satisfied with the plea offer, we can go to trial. Some clients will say I do not like my plea offer; I want to go to trial. The first step is to make sure they fully understand that, because they want to go to trial does not mean that they are going to win. It does not mean they are going to get a better outcome than what their plea agreement would have been. As we mentioned before, it certainly is a constitutional right to be able to take your case to trial. We have seen clients become frustrated and feel as though whoever was representing them previously, just wanted them to take a plea and did not put in the work necessary. Sometimes the science is there, and it is a sound case against you. The plea offer may be your best case, or to say, if you want to go to trial and you understand the potential outcomes, that is your ride. It is your ability to go to trial. Let just do it.

Do DUI cases go to trial?

Realistically, DUI cases sometimes do not go to trial often enough. Many different things can come up with DUIs. One of the things that we see a lot is any time it is a first time DUI, if the plea offer is to plead to the charge, you really do not have that much more to lose by going to trial.

DUI Defense Lawyer Goals with DUI Trial Arguments

Studies show that by the time the evidence presented, most jurors have already made up their minds. In order to help guide their minds to where you want them to go. Your lawyer will have to set the stage early. The goals of opening statements from a DUI defense lawyer's perspective are, at a minimum for DUI trial arguments:

How Do DUI Trial Lawyers Relate to Opening Statements

Good DUI trial lawyers know that it is not the longest opening statement that is most effective. It is important to be respectful of the jury's time, and not repeat points over and over again. It is also important to be well organized and prepared. Let the prosecutor put the jury to sleep, but don't let your lawyer do it.

DUI Trial Lawyers and the Jury

Some DUI lawyers believe it is imperative to always ask the jury to find their client not guilty at the end of opening statements. Others believe that doing this causes an immediate credibility gap, and prefer to approach it from the angle of telling the jury that the state will fail to prove its case because there is reasonable doubt.

How do DUI Trial Lawyers Relate to Closing Statements

Closing is also about letting the jury know that they are, in a very real way, about to decide someone's fate.

What happens if you plead not guilty to a DUI?

If you plead guilty, the judge will decide your punishment and you will not have to return afterwards. However, if you decide to plead not guilty, then you will need to return to court for a preliminary hearing and trial. In this case, you will probably need to hire a DUI attorney to represent you.

What are the stages of a DUI trial?

The different stages of a DUI trial consist of: Choosing a jury. The court will interview a number of people, then allow the defense (your lawyer) and prosecution to exclude certain jurors who they believe to be unfit for the case. Opening statements from your attorney and the state prosecutor.

What happens if you drive recklessly?

Driving Erratically. If a police officer sees you driving in a reckless manner, it may lead them to suspect that you're under the influence. The officer can then pull you over and administer a Breathalyzer test in order to determine your sobriety.

What are some examples of DUI arrests?

For example, a police officer might initially pull you over for running a stop sign, driving with a broken tail light, or having expired registration.

What happens if you can't afford bail?

if you'd try to flee). If you can't afford to pay the set bail amount, you or your loved ones have the option of going through a bail bond agency.

Is drinking a social activity?

Drinking can be a fun and social activity, but as soon as you get behind the wheel of a car, you can turn a night of enjoyment into a life of regret.

What is the opening statement of a prosecutor?

Opening statements from your attorney and the state prosecutor. Prosecution has a “burden of proof" against you, and will briefly outline the evidence and testimonies they have to help their case. Your attorney will present an alternate interpretation of the incident and present laws that defend your stance.

What happens when you are charged with driving under the influence?

When you are charged with “driving under the influence”, you have the opportunity whether you’d like to fight in the court or sign an agreement. The attorney could give you a piece of advice, but the final decision depends solely on the defendant. When it comes to DUI cases, a plea bargain is almost always offered.

Why is lack of confidence important?

The lack of confidence is what makes them believe that the case isn’t worth their time. Of course, as a client, you don’t want to lose the opportunity of having a “not guilty” verdict. However, these cases are often suitable for a plea bargain, whereas the offer is good enough to avoid the risk of going to a trial.

The Pre-Trial DUI Process

As your arrested, you could stay in holding, get released on your own recognizance, or have to put up bail money depending on the extent of intoxication or a multiple offense. Your first appearance in court is the arraignment where the magistrate will inform you of the charges against you and your rights as a defendant.

Alternatives to taking a DUI Case to Trial

By taking a plea deal, defendants will save court fees and further attorney costs. Cooperating and listening to your lawyer can help you make the right decision. While most cases don’t proceed to trial, your plea deal will vary depending on the case against you and whether you’re a first-time offender or have a prior record with other arrests.

Proceeding to a DUI Trial

For most Pennsylvania DUI cases, there is no right to a jury trial. The reason for this is that DUI is a petty offense and Pennsylvania only guarantees jury trials for serious crimes (although the penalties for a DUI are severe). If you haven’t hurt or killed anyone while drunk driving, the case will be decided by a judge.