Archive for the ‘Law’ Category

Rochester DUI Attorney Tips: Reasons Why you need a Lawyer for your DUI Cases

DUI or driving under the influence is considered a severe crime in the majority of the states in the country. That is why the criminal court handles driving Under the Influence charges. But despite that, you have the right to represent yourself in front of the judge and the criminal court in general.

But a lot of defendants are either represented by a private legal counsel or represented by a public lawyer appointed by the criminal court. In these articles, we will go through some of the crucial factors that you might want to know and need to consider before you decide on the legal counsel that is best for your case.

Getting the legal counsel’s opinion about your Driving under the Influence case

It is tough for people with a DWI case to assess the strength and weakness of their own DUI case. The law in regards to DUI in the United States is very complicated and always changing. The fact that every case is unique is another factor that can affect DWI charges.

For example, if you hire a DWI lawyer in Rochester, NY, it does not mean they know how to handle cases in Washington or Los Angeles. That is why it is important to always get the opinion of a legal counsel specializing in Driving under the influence cases. A lot of lawyers specializing in DWI give future clients free consultations.

But even if you pay a small amount, it is more likely that the money will be well spent. Bring all the essential documents that are related to your case when you meet with your future legal counsel, including the police reports to make sure that everything is covered before you decide who to hire.

It can also help you create a list of essential questions that you might want to get answered.  You do not have to a legal counsel immediately. Meeting possible lawyers first is an excellent way to gauge the lawyer’s capabilities and check whether the things could work out if you are thinking of hiring a counsel specializing in DWI cases.

Some cases don’t need to hire a DUI attorney

Usually, the prosecutors give a standard plea offer for first-time offenders. In other words, the state can offer every first-time offender a standard plea deal, which is usually the lowest allowable first-time DWI sentence. Generally, a DUI offense is considered a “standard first Driving under the Influence” if the offender has no past DWI case or conviction and the crime did not involve any aggravating factors like injuries, accidents or unusually high BAC or blood alcohol concentration.

What is BAC? Click here to find out more.

Theory wise, the standard offer for a plea deal is the same whether the defendant hires a private lawyer, a public legal counsel or they decided not to get the services of any lawyer. That is why hiring a legal counsel for first-time offenders might not worth it. It is right in some cases, but in practice, the standard plea deal is just the starting point of the case.

Experienced DWI or DUI lawyers can sometimes whittle down the initial plea offer by pointing out the weakness in the prosecution’s DWI case. They can also bring out the mitigating factors, so that the prosecution will be aware of it. A lawyer’s familiarity with the case as well as the local practices, with the district attorney and especially the lawyer’s familiarity with the judge can help their clients with the negotiation big time.

Accepting a plea deal offered by the state might not be advisable in cases where the accused has a strong defense. But a defendant that is not adequately represented is unlikely to know if he has a good argument or not. That is why it is essential to get an expert opinion from an attorney specializing in DWI or DUI cases before accepting a plea deal offered by the prosecution.

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You need a lawyer to go to trial

Although you are entitled to present your case in front of the judge without the help of a legal counsel, you might think it over because it is not a good plan. The learning curves for every trial practice are very steep and usually come with a lot of experiences. Going in a DUI or DWI trial without any legal representation, knowledge of the proceedings, as well as legal skills, will put the defendant in a massive disadvantage inside the courtroom.

Not only that, judges don’t have a lot of patience for defendants that choose to represent themselves and don’t know the rules and regulations inside the courtroom. The point is you do not want to face a DWI or DUI case without the help of legal representation. If you are going for a trial for your DWI case, you need an attorney, plain and simple.

Do not hide anything from the lawyer: the first rule

This item is critical. Do not hide anything from the lawyer. Surely the professional will know what is in the investigation, but nothing better than the person in prison to tell the why is being accused. This applies to cases of lesser seriousness such as imprisonment for pension payments, for example, and to more serious cases, such as a murder charge.

And here one of the most recurring doubts in this whole relationship is being created between lawyer and client. It’s up to you that will you tell the lawyer everything or not. Well, this is already a much debated topic within the legal arena, there being several theses of several jurists. In this article of the specialized site “Legal Consultant” there is detailed information specifically on this issue.

Main services of the criminal lawyer

One of the most well-known actions in this area is James Lyle law office. The client will also need a good defense during the police investigation and just as in the Criminal Action. Consulting with the professional in the time of serious condition will not only help you to get freedom but also to get the compensation from the opponent if you are forcefully or wrongly accused.

What do lawyers do?

Lawyers act on behalf of individuals and companies, representing their clients both in court and in relation to other parties. Still, lawyers can act in the most diverse areas, depending on their expertise. Often, hiring a lawyer is also important to advise your clients before a problem arises, such as preparing the steps necessary for starting a business, legal advice on the important points in a negotiation or revising the terms of a contract for the purchase of a property.

Good lawyers are trained to advise the best path to a client in light of the applicable law and practice in the courts.

What can a lawyer do for you?                                         

First, a good lawyer will clarify if you actually need help from a lawyer. In fact, it is not uncommon for problems that seem only to be resolved in court to be solved in a different way, simpler, faster, and without the need to involve the courts simply because there is a lack of information from clients seeking a professional.

At professional law firm, their team anticipates some of these steps, seeking to better understand your request and information so your lawyer can prepare a realistic fee proposal and everyone wins: you save your time by getting a more targeted proposal, and the lawyer receives more “qualified” opportunities. But the field of law is huge. So, a great understanding between the lawyer and the client is the main thing to maintain.