Category: Criminal Defense

What To Do After Being Accused Of DUI

DUI defense lawDriving under the influence of drugs and alcohol is not only unwise, but it is a very serious crime. This is because doing so can endanger your life as well as the lives of anyone who is unfortunate to cross your path. If you have been accused of this offense and you have no idea what to do, keep reading.

You need to go out and get yourself a lawyer right away. If you don’t have a bundle of money you will be offered a public defender. It would be in your best interest to decline their help and obtain the services of a private attorney. Finding someone who has extensive knowledge of DUI cases will help tremendously.

Never talk to anyone about your case when your lawyer is not present. They may word things in a strange way to trip you up and make you admit that there has been some wrongdoing on your part. You do not want to admit any guilt and have this information used against you when it is time to go to court. Even if you are totally innocent, you should never talk to anyone without a legal representative in the room.

In the event that you appeared to be inebriated because of some kind of medication you were taking, make sure that you provide a copy of your prescription to the court. This is also crucial for those who failed a Breathalyzer because they consumed prescription cough syrup prior to driving. While you may still be in some sort of trouble, it will not be as bad as it would be if you walk in with no proof.

Being accused of DUI is a very tough thing for someone to deal with. If you are in this situation, make sure that you keep all of these points in mind along the way.

5 Things Your Criminal Defense Lawyer Must Do To Win A Jury Trial

lawyer talking in front of juryThere are a lot of “lawyer” shows on television these days. These shows often introduce a new and interesting case for each week and they always seem to get the trial done by the end of the hour-long episode.

Unfortunately, real trials are not always as entertaining and as swift as those portrayed on television. In real life, trials are lot less exciting and can take weeks instead of an hour to complete.

On television, lawyers sometimes lose their temper and yell at witnesses or argue with the judge, but this doesn’t happen so often in real life. Furthermore, on television, every case goes to trial, but in real life, most cases are settled outside of court.

Most of importantly, television doesn’t show you all of the real things your lawyer must do before and during the trial to convince a jury to vote in your favor. That being said, here is a list of 5 things that your lawyer must do (in the real world) to win a jury trial.

He Must Be Prepared

Television doesn’t always show you the preparation a lawyer goes through before going to trial. On television, a lawyer just shows up, performs and wins the case. However, in reality, a trial is a lot like preparing your taxes––the better your documentation, the greater your chance of winning the case. Therefore, your lawyer can take months (sometimes years) to make sure that he has the right documentation to win on your behalf

He Must Get the Right Judge

judge of a jury trial

There are ways to avoid judges that are likely to make it difficult for you to win, or even be given a jury trial. Your lawyer must be aware of a particular judge’s proclivities and take action to avoid them, or to present your case in a way that encourages the judge to make an exception to the way he normally rules over cases such as yours.

He Must Get You the Right Jury

Jury selection is an extremely important part of any trial, and your lawyers must investigate the background of all potential jurors. Most lawyers skip this task because it can be very time-consuming. But, by vetting potential jurors, your lawyer can dismiss those who may be biased against you for whatever reason, such as people who work for insurance companies.

Your attorney must also simplify the issues for the jury. Defense attorneys in Anchorage try to obfuscate the issues in order to confuse the jury and delay the trial. But, a good attorney will be able to simplify the issues so that the jury can easily understand, and in this way, substantially increase your chance of winning the case.

Know When to Be Dramatic

There is a bit of a performance aspect to a lawyer’s role in a trial, and you attorney must know when to use dramatics to persuade the jury. He may be able to dramatize or reenact elements of the accident in order to demonstrate that certain aspects of a witness’s testimony cannot be true. For example, in an auto accident case, he might ask the jury to close their eyes for 10 seconds, in order to give them an idea of how much time they would have to crash their vehicles and kill someone if they were to take their eyes off of the road for this length of time.

He Must Know When to Settle

Your lawyer must be able to gauge the jury’s reaction to the evidence. Witnesses testifying differently than they did in their depositions and other unanticipated turns of events can have a negative effect on the outcome of your case, and you may need to settle if things are going badly. Remember, a settlement is still a win.

Likewise, the defense may offer a settlement during the trial if they see that the trial is going badly for them. Sometimes, a defendant doesn’t realize that he has a chance of losing the case until he is at trial, and when he or she does, they may wish to settle in order to cut their losses.  Your lawyer must then decide if it is in your best interest to settle, or not.