In assessing whether your DUI case should go to trial, you want to make sure that you have reviewed all available evidence and discussed that evidence with a seasoned DUI defense attorney. An attorney should only tell a client that they should go to trial if and when they know what the government has to prove their case.
It is only fair that the attorney and the client know the case's strengths and weaknesses before they decide to go to trial.
A DUI trial is costly, and a person can be subject to severe, long-lasting consequences. With this in mind, it only makes sense to quote a client a fee to do a trial if all available information has been flushed out. Once the evidence has been laid out, the client and attorney can weigh the chances of success in a trial versus negotiating a favorable disposition. Once the client is fully informed, it is time to decide which course the case will be directed to.
Who controls whether your DUI cases go to trial in Los Angeles? It is always amazing to me when clients say to me that they do not want to go to trial, as though I control whether the case goes to trial or not.
It's important to remember that the client always has the final say in whether a DUI case or any criminal case goes to trial. The decision is not to be taken lightly, but it's the client's right to make the final call. This empowerment comes with a great deal of responsibility, but it's a fundamental aspect of the legal process.
Some confusion can come in when the client wants to avoid taking the deal the prosecutor is offering to settle the case and also says they do not want to go to trial. If a DUI case is filed against you, several things can occur.
First, if the defense attorney can file a motion to suppress the evidence against you, the case can be won by way of dismissal. These types of motions can take the form of illegal stops, illegal searches, and the police illegally taking your blood or breath.
Sometimes, the critical evidence is a statement you make, and the police fail to read your Miranda rights. This can lead to a dismissal if no other evidence is available to convict you.
Negotiating a Resolution to Your DUI Case
If a motion leading to a dismissal cannot win the case and the prosecutors are unwilling to dismiss it on their own, then it must either be negotiated to a resolution or tried in front of a jury. There is no halfway.
The prosecutor or judge will make an offer to settle the case, and the defendant, through their attorney, can accept the offer, reject it, or counter it with another offer. Eventually, the judge and prosecutor will indicate to the defense attorney that they have made the best offer they will make, and the client should either take the offer or set the case for trial. It's important to understand that the judge and prosecutor play a significant role in the negotiation process, and their decisions can greatly influence the case's outcome.
When this ultimatum is given to a DUI defendant in a criminal case, it is time to fish or cut bait. In other words, the defendant either takes the deal or goes to trial. It is not the attorney who makes this decision for the client. The client must decide whether they will take the value or not. This is because the client must suffer the consequences of a particular plea, which can include fines, probation, or even jail time, and follow through with whatever the judge doles out as punishment. The client's decision is crucial and should be made with a full understanding of the potential consequences.
The defense attorney's role is clear: to negotiate the best deal possible or try the case with all available evidence in favor of the client. Once the defense attorney has educated the client on the law and the potential outcomes, it's then up to the client to make the final decision. This clear division of responsibilities ensures that everyone is informed and prepared, which is a key aspect of the legal process.
Given the above considerations, it's crucial to hire an attorney who is a straight shooter and with whom you feel comfortable. The attorney you choose will be the one championing your position to the judge and prosecutor, so feeling confident in their abilities is key. If you feel at ease with your attorney, it's likely that the judge and prosecutor will, too.
