How Often Do DUI Cases Typically Go To Trial?
The majority of DUI cases tend to be resolved short of trial. There are several reasons for that, the main reason being The Law Offices of Lawrence Wolf gets resolutions that are so satisfactory to their clients that there is really no need for going to trial. When it is critical to go to trial or in the situation is such that you have nothing to lose, those are the cases that go to trial.
Do Most DUI Attorneys Tend To Avoid Going To Trial?
Unfortunately, there is a very large group of attorneys that really do nothing other than try to get as many clients signed up and cases resolved as they can; they don’t care if the result is favorable or not. In situations like that, it’s often better to go with a public defender than it is with that type of “mill attorney” who just runs cases in and out.
There is another group of attorneys who are, in fact, completely dedicated to not only preserving the criminal justice system but also getting the best results for their clients. Attorneys such as Lawrence Wolf, tend to go to trial far more often than the aforementioned group.
What Is The Criteria To Take A DUI Case To Trial?
There are only two criteria to look at when deciding whether or not to take a DUI case to trial. The first thing to look at is what the prosecutor is offering. An example would be where an individual had a high alcohol reading but at the same time, there is a strong defense to the reading. Because of that, the prosecution may offer a significantly reduced charge. The consequences of accepting a plea are so minimal compared to the potential risk that one is gambling with, by going to trial.
The second criteria to consider is where there is no viable offer that can be accepted. The prosecutor says, “Take it or leave it”. In that situation, it may be advisable to go to trial because in most situations, there really is nothing to lose. If the case goes to trial, the sentence will most likely be the same if the individual is convicted, and there is always the opportunity to convince one out of 12 jurors that the prosecution has not proved their case.
How Do You Advise Clients That want To Go To Trial Just Because They Don’t Like The Plea Offer?
The client is the one who controls the direction that a case will go in. He or she is the only one who has the ability to make the final decision on whether or not to go to trial. Certainly the attorney’s obligation is to advise the client of all options and what in fact the client may be looking at if the case goes to trial or doesn’t. However, it is still that client’s case and his or her future.
Do Most People Have A Clear Understanding Of What A DUI Trial Is All About?
Almost all clients come in with a misconception of what proving a drunk driving means. Most individuals assume if they have been stopped, arrested and charged, then they must be guilty and there is nothing they can do about it. That is the biggest mistake an individual can make. Every case has defenses. Every case requires the prosecution to prove their case beyond a reasonable doubt. Every case is worth fighting, whether or not the result of that fighting may be a reduced sentence or a trial. Nothing can be determined at the inception of the case, prior to preparing the defense. Only then can it be determined whether or not the prosecution actually has a strong case.
For more information on DUI Trials In California, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (310) 277-1707 today.
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