What You Need to Know Before Hiring a DUI Lawyer

If you have been arrested for drunk driving, you need a DUI lawyer that is an expert at fighting these types of cases.  A DUI is a serious offense and should be treated with the same level of care that you would give to a criminal charge.  It can have long-term consequences that include financial and social risks.  Additionally, DUIs can come with jail time so hiring the right attorney is important for protecting your rights and your freedom.

Before you hire a lawyer here is what you need to know:

Location is Important

Look for an attorney that is located within your county or the county where you were arrested.  If you hire someone from outside of the area, you will end up paying more in legal fees as they will bill you for the time it takes them to drive to court.  Additionally, each county has nuances that when known can help your attorney navigate through the court system.  Local attorneys have the benefit of the inside scoop.

DUI Law is a Special Practice Area

There are many types of lawyers out there, some of which practice general law, meaning that they do everything.  When you work with a DUI lawyer, you will have access to better representation because this is what they focus on.  For example, you wouldn’t hire a business attorney to handle your divorce case.  Similarly, it doesn’t make sense to hire a family lawyer for your DUI.  When you work with an experienced DUI attorney, you have access to the additional resources that their experience may provide.

Build a Strong Defense

Look for an attorney that will work to build a strong defense in your favor. Everything is up for debate including the circumstances leading up to the arrest, the arrest itself, and any equipment that was used to determine whether or not you were intoxicated. If you were arrested for a DUI, you don’t have to accept it and assume guilt.  You can fight the charges and should.  The key is hiring the right DUI lawyer that is willing to fight for your rights and to work towards getting the charges dropped or reduced.

You May Not Go to Court

Depending on the circumstances of the arrest and the negotiating skills of your lawyer, you may not have to go to court.  You can decide whether or not you want to try to settle the charges outside of court or fight them fully.  The choice is yours, so it is important to hire an attorney that is willing to help with the case, regardless of which direction it takes.

As an experienced DUI lawyer, Ms. Martina Vigil understands how important it is to fight DUI charges.  A conviction can have negative consequences that last for years so make sure that you are working with an attorney that can fight for your rights.  To schedule a consultation with Ms. Vigil call (714) 543-5840.

A Criminal Attorney Can Walk You Through the Arrest and Trial Process

Martina A. Vigil is a criminal attorney that can assist you after being arrested.  For most people getting arrested is a frightening ordeal and the process of subsequently appearing in court can be just as overwhelming.  Working with an experienced lawyer is important because being innocent is not enough.  Your lawyer must build a strong defense in order to present mitigating factors in a way that the jury believes or at least has enough reasonable doubt to not convict you.

Additionally, there are protocols and timelines that must be followed per court procedure.  If you try to represent yourself and miss a deadline or fail to file a document such as a witness list, the prosecutor will use this against you in court and try to prevent key evidence from being submitted or a witness from being able to speak.  Important tools such as a subpoena must be issued a certain number of days before trial begins, etc.  These are the nuances that make it difficult to represent yourself in court and why working with a lawyer is so important.

What you should know about the process.

Your prosecution begins with the arrest itself.  Police officers cannot arrest you without probable cause.  This means that they need to have a reasonable amount of suspicion to believe that a crime was committed and you committed that crime prior to arresting you.  If they did not have the requisite amount of suspicion, the officers did not act lawfully when making the arrest and the case may be eligible for dismissal.  The same is true for search and seizure.  If the arrest took place because of something they found in your possession, but the search was done illegally, the evidence may be inadmissible in court, making the prosecution’s case weaker. As a criminal attorney, Ms. Vigil can review your arrest report and identify any holes or weaknesses that exist.

After you are out on bail, a hearing will be held to determine whether or not the case should proceed to trial.  Depending on the type of charges that were brought against you, this could be a probable cause hearing to determine if the case will move toward an indictment.  Your lawyer will have the opportunity voice a defense and reasons why the charges should be dismissed while the prosecutor will have an opportunity to prove that there is probable cause to proceed with the prosecution.  The judge will make the ultimate decision.

The discovery process begins once a court date is set.  This is extremely important because you have the right to request copies of the police report, any and all evidence the prosecutor intends on using against you, and the prosecutor’s witness list.  Review each item carefully with your criminal attorney to determine any possible defenses you may have and any weaknesses in the prosecutor’s case that may be beneficial for you. This is also the time where you need to provide your lawyer with anything that supports your innocence or provides that reasonable doubt.  Witnesses should also be identified and interviewed.

At trial, a good criminal attorney will present your case in the best possible light and mount a strong defense that is supported by evidence and conduct cross examination that weakens the prosecution’s theory.  The goal is to create enough reasonable doubt that the jury will avoid convicting you.  Ms. Vigil is an excellent attorney and will do just that – build a strong defense and fight for your rights.