10 reasons to consult an
attorney when charged with DWI or DUI in Maryland
1. Explain the charge and
its consequences.
Lawyers are trained to read and interpret statutes (laws). Depending on
your personal criminal background, there may be complicated sentencing
matters to consider. A lawyer can explain to you the possible outcomes,
and they will be aware of the individual sentencing patterns of your local
judges.
2. Obtain information about
the "CASE".
A lawyer has access to most, if not all, of the information gathered about
you by the police that the prosecutor will rely on in a trial. This helps
you and your lawyer to assess the strengths and weaknesses of your
defense, and ultimately will help to guide your decision as to whether or
not to even have a trial.
3. Analyze your case:
applying the law.
Your lawyer will evaluate your case to see if all of your constitutional
rights were protected.
Was the stopping of your vehicle legal?
Did you voluntarily consent to be searched?
Was the breathalyzer machine working properly?
Did you understand your rights as they were explained to you?
These are some of the issues that your lawyer will be looking for. In
addition to that, your lawyer is also trained to look for the things you
did right during the stop, and may be able to use these clues to persuade
the prosecutor to give you a better plea offer.
4. Help you decide whether
to have a trial.
The Constitution of the United States guarantees you the right to a trial,
where the State would have to prove you guilty of the charge beyond a
reasonable doubt. However, nearly all cases are resolved via "plea
bargaining". This is a process where the charges are dropped,
reduced, or otherwise amended in exchange for you making some type of
concession to the State, i.e., pleading guilty, doing community service,
etc. A lawyer is often crucial in this stage and can help you get the best
"bargain" available.
5.
Prepare you for trial.
If you decide to have a trial, your lawyer will help you gather evidence,
round-up witnesses, and help make you aware of what to expect when you
have the trial.
6. Suggest positive,
pre-trial steps that you can take.
Often, there are positive steps that you can take pre-trial, which will be
helpful in the event that your case results in a sentencing phase. A
lawyer will be familiar with the types of programs available in your
community, and will be able to provide you with advice as to whether you
should consider participating in one.
7. Defend you during a
trial.
Trials are often complicated and your lawyer will be able to assist you by
providing your best defense. Your lawyer is trained in the rules of
evidence, and will be able to help keep out information that may have come
into evidence if you represented yourself.
8. Be your advocate at
sentencing.
A lawyer can be particularly helpful at this stage because your lawyer is
paid to advocate for you and is not afraid to speak on your behalf to the
judge. Your lawyer will prepare a list of positive things to say about
you, and will instruct you on how to arrange for other people to also say
positive things about you to the judge.
9.
Pursue post-trial motions.
Even if you are found guilty, sometimes the law allows a judge to go back
and "strike" the guilty verdict. Your lawyer will know how this
process works, and will protect your post trial rights by filing the
appropriate motions.
10. Handle important
administrative issues.
With drinking and driving charges, there are administrative matters in
addition to criminal matters, that must be considered. Your lawyer may be
able to help you to convince the appropriate government agency that you
should be allowed to keep your driver's license, for example.
WHAT IF I JUST WANT TO
PLEAD GUILTY? DO I STILL NEED A LAWYER?
YES. All of the above
reasons still apply. Especially the sentencing and post-trial rights help
that a lawyer can provide. |
