How Do You Typically Prepare For A DUI Case And Why Is This the Process?
In my experience as a prosecutor, I saw attorneys fall into two distinct groups. One set wanted a jury trial on virtually every case they handled. The other set of attorneys negotiated but almost always resolved the case with a plea agreement and never went to trial. The best situation is to find out what scenario fits best for a particular case and use it, to be fluid depending on the facts. Some cases are best for trial, while other cases are best suited for a favorable plea agreement.
As we examine a case, we always work on a track for a case to be dismissed, but most cases do not end in a dismissal. This requires being adept at negotiating to work for the best possible agreement. Working on BOTH tracks at the same time takes a lot more work because you have to talk to the prosecutors and have a good argument as to why this should be dismissed yet at the same time work earnestly for a favorable resolution without jury trial.
As a former prosecutor, I have done more jury trials than most of my colleagues. This experience helps me in knowing the worth of a case and has made me cognizant to know when it is better to enter into an agreement that contains certain safeguards rather than proceed to a jury trial.
The Mark Deniz Approach To DUIs
There are three pillars that we build our DUI cases with. First is letting the prosecutor know who our clients are. We put a “face to the case”, and we let them know who this person really is and what they may stand to lose. One of the most important facts that the prosecution and the judge need to know is that this person normally makes good decisions. This means character of the person comes into play. Prosecutors come into court with a stack of cases numbered one through sixty. They often do not compute that these cases involve real people, many of whom have families and jobs and this case is huge for those people. As an advocate, it is key to let the prosecutor know who your client is and the cloud they have been dealing with hanging over their heads.
The second pillar is being proactive. As you start to see the framework of the case take shape, there are things that you can do proactively to help obtain a favorable resolution. You can begin taking classes or doing volunteer work. Sometimes, our clients do volunteer work at a non-profit and when we go and negotiate, instead of home arrest or trash pickup, they might get to continue that volunteer work. Oftentimes, before a case is even resolved, there is a Certificate of Completion. There doesn’t need to be a date later on to show proof of a term that has already been completed.
The third pillar is finding salient legal defenses. As discussed earlier, this is by conducting a thorough investigation of all the facts, like examining the stopping sequence, the enforcement stops, the screening, and the field sobriety tests.
While A DUI Case Is Ongoing, Do You Advise Your Clients To Be Proactive? Does That Help Or Harm A Defense?
Every case is different. Sometimes, I tell the client not to do anything because I think we’re going to get their case dismissed. In other cases, we are in full damage control mode, and demonstrating accountability to obtain a favorable outcome. Being proactive can go a long way for someone.
The courts deal with many people who lag on completing terms they agree to complete. It is a relief to both prosecutors and judges when they see a person being proactive. When the situation fits, we will tell the client to get help such as counseling or enroll in classes. We sometimes need to eliminate red flags that can be extracted from the facts, most often being alcohol abuse. In most DUI cases, I will advise some kind of proactive measures to present the judge and prosecution.
Hire a Proactive, affordable, and quality defense when you are facing San Diego DUI charges. Whether you have been charged of a San Diego DUI, Poway DUI, Chula Vista DUI, La Mesa DUI, Santee DUI, Mission Valley DUI, Clairemont DUI, Point Loma DUI, La Jolla DUI, Carmel Valley DUI, Mira Mesa DUI, Pacific Beach DUI, Del Mar DUI, Encinitas DUI, Oceanside DUI, Ocean Beach DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI, El Cajon DUI, San Diego Expungement, San Diego Bench Warrant, San Diego Failure to Appear, San Diego Restraining Orders, San Diego Terminate Probation, San Diego Minor Possession of Alcohol, San Diego Probation Violation, San Diego Prop 47, Lakeside DUI, Lemon Grove DUI, National City DUI, Cardiff DUI, Racho Santa Fe San Diego DUI, Rancho Bernardo DUI, Spring Valley DUI, Solana Beach DUI, Leucadia DUI, Golden Hills DUI, North Park DUI, Torrey Pines DUI, Eastlake DUI, Paradise Valley DUI, it is vital you need to hire an attorney who knows how to defend your rights and can determine if the government can prove their case. Contact the Law Office of Mark Deniz now for a free case evaluation at (858) 751-4384 or send an email to [email protected].