As a general rule, your DUI attorney will not ask a question unless the answer is important. While it is not important that you are innocent, an attorney cannot knowingly allow you to commit perjury, or lie, on the stand. Therefore, attorneys tend not to ask questions unless the answer is necessary to the preparation of the defense.
Full Answer
Do You Need an Attorney? DUI is a serious offense that could affect your future and employment. Most attorneys will tell you that you "need" to hire an attorney who focuses on defending drunk drivers. Attorneys promise they "may" be able to save your driver's license or get your drunk driving charge reduced or dismissed.
One key to determining if hiring a drunk driving attorney will do you any good is knowing your BAC level at the time of your arrest. If you recorded 0.08 or higher, there is little doubt that you will be convicted and have to pay all the fines, fees, and extra expenses involved with having a DUI conviction on your driving record.
Also, your attorney may have you complete an alcohol education or treatment programs required by your state in order to regain your driving privileges. In other words, your attorney can guide you through the process that they know you will eventually have to go through anyway.
It's best to expedite this process prior to your sentencing so that your driving privileges are restored as quickly as possible. If you can afford to pay a DUI lawyer's fees, then hire the best attorney you can afford.
Whether you are innocent or not, serious crimes always require a lawyer's representation. If the crime that was committed is less severe than murder or rape (such as theft), then a lawyer may not be necessary because these types of offenses usually do not carry heavy sentences such as jail time.
Present the police with your evidence.Bring the exculpatory evidence with you, including the names and addresses of alibi witnesses.The police may choose to arrest you at any point. Be prepared to be arrested.If the state has already charged you with a crime, then presenting evidence to them will do little good.
(1) He or she is satisfied that there are insufficient grounds for making a criminal complaint against the person arrested; (2) The person was arrested for intoxication only, and no further proceedings are desirable; or.
Innocent until proven guilty means that any person accused of a crime or any defendant in a criminal trial is assumed to be innocent until they have been proven guilty. It shifts the burden to the government to prove the defendant is guilty beyond a reasonable doubt.
This most often occurs in domestic violence cases, but it can occur in any case where a complainant is able to identify the suspect. There may be no forensic evidence, no camera footage, no witnesses or anything else that supports what the complainant has said.
Insufficient evidence is a negative defense, which means that the defendant asserts by implication (silence) or by testimony, that she did not commit the alleged offense, or that the prosecutor cannot prove that she committed the alleged offense.
Sufficient evidence means evidence sufficient to support a reasonable belief, taking into consideration all relevant factors and circumstances, that it is more likely than not that the Respondent has engaged in a Sanctionable Practice.
Police officers usually make arrests based only on whether they have good reason (probable cause) to believe a crime has been committed. By contrast, prosecutors can file formal charges only if they believe that they can prove a suspect guilty beyond a reasonable doubt.