Good DUI lawyers are in demand because of increasing cases of driving under the influence. Though these lawyers can’t do a miracle, they can help their clients by finding weaknesses in evidence. They work on behalf of clients to save them from long punishments. Most of the work is done outside the court. As a lawyer, you have to prepare for your arguments in front of jury members. It is important to realize that the major work is completed before trial.
If you want to increase the chances of success, you have to investigate each case completely and argue pre-trial motions. A qualified Orange County DUI Lawyer has to develop a particular theory of defense. While doing this job, you have to manage your professionalism. Here are some ideas to become a good DU lawyer.
Investigate Each Case
The prosecutor must get a folder containing information on the case. This material must have jury testimony, witness statements, police reports and report of a coroner. It can be challenging to tackle this information in a short period. You have to take your time to evaluate this material.
Divide this material into manageable piles. Put grand jury testimony and statement of witnesses together. Start your work by reading initial police reports. Highlight the names of witnesses and turn to statements of the witness.
Prepare your notes, such as prepare questions and write down important points. You can’t miss important things. State statutes necessitate the prosecuting attorney to turn over particular information without any prompt. You must read the statue of state to ensure that you have everything.
Get Information from State
While working as an Orange County DUI Lawyer, you have a right to get complete information from the state. Look for missing data and file a discovery request without wasting your time. You can request these things:
Copies of pictures taken by police. The state may have a video or photo of the crime scene. You can ask for this material from them.
You can get a criminal history of your witnesses. In several situations, it is possible to indict a witness with felony convictions. If the members of fellow gang witnessed any crime, it is not possible that the witness didn’t have any felony conviction.
Evaluate Videotaped Interrogations
In several states, the police are instructed to record each interrogation electronically. An Orange County DUI Lawyer can get this recording. You have to watch the whole video. It is essential to check the following points:
Did your client get Mrinada warnings from the police? You have to ensure if your client received four notices. In the absence of even one warning, you will get a chance to overturn the statement.
Your client must have a lawyer before interrogation. If they interrogate your client before arranging a lawyer, you can again overturn the statements.
Police can’t rough up your customer. They can’t deny him water or food. If your client wants to use the bathroom, they have to permit him. In the opposite situations, you can suppress these statements as involuntary.
Communicate with Your Client
It is difficult for you to defend a client without a face-to-face meeting. You should visit your client in jail and get the necessary information about the case. Make sure to keep the statement of your client confidential. Your client may have a reliable witness to get important testimony.
Sharing honest things with your clients is vital. You can’t change things by sugarcoating the truth. If you find it hard to get an acquittal, you must honestly tell it to your client. Share available options with your clients, such as plea bargains.
You can prepare notes to remember important things of your clients. It will help you to understand any change in the story.
Check the Crime Scene
You can’t depend on the information provided by the police. Performing your independent search is essential. If you are busy, you can hire a reliable investigator. Police report can’t be trustable to understand the actual situation of a crime scene. Visit the crime scene in the day and check these things:
- Check to light. You must see if the crime occurred on the street and the witnesses are giving true statements.
- See the location where the witness was standing. You must check if there is any obstruction in their view.
- Find out the nature of an area, such as a busy area or a lonely spot. Check the number of houses near the crime scene and verify if the police oversee potential witnesses.
This type of information will help you to find possible faults in the police report. You can prepare your argument in a better way.
Talk to Witnesses
An Orange County DUI Lawyer is responsible for taking the statements of witnesses. You can’t rely on their written statements made by police. The police officials can frighten witness, and they can give false statements. You should talk to each witness and approach all possible witnesses.
When you are done with your investigation, ask these people to write their version of the statement as per the information they shared with you. Make sure to take their signs on their reports.
You must take a witness with you, such as a junior attorney or paralegal professional. They can act as a witness in the whole procedure.
Negotiation for Plea Bargain
Your client could show interest in a plea deal instead of taking a trial. You have to prepare yourself for this situation and identify possible leverage in the negotiation for a plea bargain. For instance, in the case of violence, the chief witness will be the victim, who may not testify a statement. A prosecutor can understand if they can cut a good deal.
Your client is free to decide whether they want to accept an appealing bargain. You must offer good advice, but leave the whole decision on your client. They may need your help in making informed decisions. Share complete details of the pleading guilty costs. For instance, they can lose their right on gun or ability to give a vote.
Pre-Trail Motions
You may get a pretrial to discharge and win one case without a trial. Several things may force you to file motions to dismiss. You can talk aggressively to increase your benefits. Try to give raise different reasons credibly. Here are some ideas:
- The probable cause of arrest is not available.
- The charging documents and criminal complaints are improper
- An important witness is not available
- The police lack sufficient evidence to prove charges on your client
- Prosecutor has lost a vital evidence
Check Suppress Statements
If an Orange County DUI Lawyer fails to raise any motion to overturn before a trial in federal court, the issue will be waived. Your client will lose his right to make an error disagreement on appeal. You should write one motion to suppress an unconstitutional identification or statement. File a motion with a federal court before initiating a trial.
For instance, an involuntary implicating statement must be suppressed. A statement without appropriate Miranda warnings can be suppressed.
Identification can be suppressed if it is obtained with a photo array or unduly harmful lineup. For instance, if your client was a single Korean in the list of national people, you can suppress the identification of witness.
You are free to keep evidence away from the court if the forces didn’t possess possible cause to perform one valid search. For instance, the police officers may admit that they jumped a fence for investigation without probable cause or a warrant.
File Motions to Judge in Limine
It is a request for a judge to make a ruling on the evidence before trial. You may object to inappropriate testimonies before a jury. Some indications can be prejudicial, so you can request a ruling to exclude them before trial.
For instance, you may request to exclude testimony about the wealth of your client, affiliation with a gang or other evil acts. A motion before a legal trial can avert the prosecutor from asking questions about these things during a hearing.
Develop a Theory for Your Case
The state works with a theory for the charges of a client. For instance, if your client is charged with driving under the influence, the state will have a theory to make an argument with the victim. You must have your own story to counter their approach.
Prepare a theory supported by essential facts. Carefully evaluate evidence and find mistakes and weaknesses to prepare your argument. Before a court trial, you should give critical advice to your clients to testify.
You must be clear about the information that you want to obtain from witnesses. A witness may only testify a second-hand story. You should have outlines for each witness. Prepare a roadmap to ask different questions from witnesses.
You may not get all witnesses in the trial, so it will be good to issue summonses and serve them appropriately. It is essential to help the subpoenas before sufficient time.
Make sure to choose a non-threatening dress for your client. Cover his tattoos and select decent clothes without ornaments. Give him/her a professional look and avoid any flashy jewelry. Use memorable lines for your opening and argue with confidence to persuade a jury.
Choose a Reliable Law Firm
If you want to become a successful attorney, you should attach yourself with a reliable law firm, such as Orange County DUI Attorney.
Address:
“ORANGE COUNTY DUI ATTORNEY
4000 MacArthur Blvd
East Tower Suite #602
Newport Beach, CA 92660
949-377-2280
https://www.ocduiattorneys.com”