Although some driving under the influence cases are won at trial, Musca Law believes that the majority of cases are won before trial. A defendant who has an excellent Ftmyers DUI attorney has a very good chance of winning at trial, but by the time he or she gets to trial, that defendant is already taking a chance. If a jury finds the defendant guilty as charged, he or she will face severe penalties, including probation, possible jail time, license suspension, vehicle immobilization and possibly a vehicle interlock device on his or her car. DUI laws are structured in a way that once a jury finds the defendant guilty, there are certain penalties that the judge must impose. The judge does not have a great deal of discretion to choose the penalties that he or she will impose. The best Ftmyers DUI lawyers help clients reduce the risks of severe DUI penalties by working diligently before trial to have charges reduced or dismissed.
DUI attorneys know all of the defenses that can be used and motions that can be filed in DUI cases, and they use this knowledge when they negotiate with the Assistant State Attorney, or prosecutor, before trial. Prosecutors have the power to dismiss charges completely or reduce charges to lesser ones. The prosecutor generally has much more discretion than the judge to determine the outcome of a case. Prosecutors want to win cases, so when Ftmyers DUI attorneys are able to exploit the weaknesses of a case, many prosecutors will attempt to negotiate a resolution in order to avoid losing at trial. Even if a person is arrested for DUI, good DUI lawyers may be able to convince the prosecutor not to file DUI charges and instead file lesser charges, such as reckless driving. This is a huge advantage for the defendant because the possible penalties for reckless driving are much less severe than DUI penalties and do not include license suspension, vehicle interlock devices or vehicle immobilization. Even if a defendant decides to go to trial after reduced charges are filed, his or her lawyer has already greatly reduced the risk associated with trial.
Every case is different. Each case is made up of unique facts and circumstances, and because of that, people accused of DUI need to contact a lawyer immediately upon being arrested. The sooner a lawyer is hired, the sooner he or she can begin preparing a defense. An early defense is usually the best defense. Many times cases are won at trial, but having a diligent lawyer who works to reduce or dismiss charges before trial, greatly reduces the risks of going to trial. |