The state of California has set strict standards and measures to reduce cases of driving under the influence. This is reflected by the kind of laws that have been put in place to achieve expectations. If anyone gets arrested for driving under the influence, he or she risks severe penalties. If you are in this situation, you should seek legal aid to avoid facing the full force of the law. San Diego DUI Attorney offers credible legal services to anyone facing DUI convictions in Palomar Mountain, CA.
Services that DUI Offenders can Receive from a DUI Attorney
Whenever a DUI offender seeks help from a DUI attorney, he or she expects to get a comprehensive legal service. An attorney is not limited to representing an offender in court. There are several other services that one can offer. Let's have an in-depth review of the kind of services that one can get from a DUI attorney.
Consultation for Legal Information and Advice
Sometimes, your DUI case does not go to the extent of the case being filed. This is common with infractions that are punishable by fines or restrictions. In this situation, there is no need to have a DUI attorney throughout your legal proceedings. All you need to do is have a substantial legal knowledge that will help you through your case. This can only be achieved if you seek consultation services from the DUI attorney of your choice.
Before you consult an attorney, you should have proper questions that will help you get the best out of him or her. Most of your questions should be based on the outcomes of your decision. Some of the issues that you can raise are:
- Whether a plea agreement should be your possibility and whether to pursue a pre-trial or suppress the evidence
- If the factors surrounding your case will work against you
- Whether to go to trial or not
Representation in a Plea Bargain
Anyone involved in a DUI offense has an opportunity to undergo a plea bargain. This will help you avoid trials since they are quite expensive. Therefore, the state might consider lesser charges other than going through a court trial that they might end up losing. You can accomplish a plea bargain without any legal help, but hiring a DUI attorney will help you get through the process smoothly.
In a plea bargain, your DUI attorney would consider a lesser charge, such as wet reckless, which is reckless driving. Such types of charges have lighter penalties compared to DUI without imprisonment. Your driving license will not also be suspended in a wet reckless unless you had a BAC of more than 0.08%. Please note, wet reckless convictions can be considered as prior DUI offenses if you get convicted with a second DUI offense.
Assistance in Restoring Your Driver's License Privilege
DUI cases usually put one at risk of losing his or her driver's license. It is the mandate of your DUI to help you avoid the loss of your California driving privileges. After you have been arrested for DUI, the traffic officer will likely confiscate your driver's license and issue a notice for its suspension. The temporary license suspension is valid for thirty days since the day of the issue.
Your attorney should intervene and prevent the suspension from going effect after the thirty days have been resolved. The length of the suspension varies according to the severity of the charges that one has at hand. It usually ranges between thirty days to a year. Those with prior DUI convictions risk a suspension for two to ten years. Please note that the suspension is issued by the Department of Motor Vehicles (DMV). The department may issue the suspension even when your DUI charges have been dismissed or reduced.
For you to dispute the suspension, you must request a DMV hearing within ten days after your arrest. In that case, our Palomar Mountain DUI attorney will help you through the process and help you restore your driving privileges.
Defending You against the Charges
The essential task that a DUI attorney can handle is helping a client overcome the charges presented during prosecution. Your Palomar Mountain DUI attorney will discuss all crucial and relevant details with the opposition lawyer, jury panel, or the judge and discuss anything critical in the progression of your case.
The attorney should give his or her opinion on the kind of defense that best suits your case by reviewing the case during the preparation period. If the attorney realizes that there is not enough evidence from the prosecutor, he or she will push for the dropping of your case.
Why You Should Hire a DUI attorney
Owing to the fact there are several services that one can get from a DUI attorney, there are different reasons why one should hire such an attorney. The decision to hire a DUI attorney should be the first thing that comes to your mind when faced with possible DUI charges. Here are several reasons why you should hire a Palomar Mountain DUI attorney.
DUI Laws are Complicated
California DUI laws are complex, and DUI attorneys are aware of the legalities involved in DUI charges. They have studied the laws related to DUI and have an understanding of the ambiguity that might end up affecting your case.
DUI Attorneys have Experience of the Courtroom
Representing yourself can be a complete disaster. You probably are unaware of the details related to DUI laws, and that would render you from achieving your expectations. Also, hiring a public defender does not suit you best since most of them are not specialized in DUI cases, have heavy caseloads, and may lack enough resources needed for your situation. However, if you rely on a private DUI attorney, the respective attorney will put a lot of attention to your case, which increases the possibility of winning it.
A DUI Attorney Has a Better Edge in Fighting Your Charges
DUI convictions remain in your permanent criminal record and might end up interfering with your livelihood. Therefore, hiring an attorney would help in avoiding severe consequences by presenting strong defense strategies against your allegations.
A DUI Attorney will Help You Complete and File Forms
You will probably face a lot of paperwork once you are arrested for DUI. Such paperwork contains a lot of legal considerations that are hard to handle all by yourself. However, with the involvement of a DUI attorney will help you go through the paperwork and do what is required of you.
DUI Attorneys Understand the Science of Drunk Driving
In most cases, prosecutors rely on the evidence that results from tests presented from BAC testing and field sobriety tests. A reliable DUI attorney is well-versed with the science behind drunk driving and would quickly disapprove of the evidence presented in court. The attorney would provide legal defenses such as rising BAC.
DUI Attorneys will Help You Access Expert Witnesses
In a DUI trial, one should consider having an expert witness to help in avoiding the possibility of jail time. You cannot easily manage to access such a professional unless you involve your DUI attorney. Your DUI attorney will not only help you access any expert witness but will help you find someone who will help in your case.
What You Expect from Your DUI Attorney
Once you have hired an attorney, you would be wondering what to expect from him or her. Ideally, you would expect a lawyer to maintain competency, ethics, communication, fees. Here is a detailed review of what you expect from your DUI attorney.
Lawyer communication is considered as correspondence and communication between a client and an attorney. If you have problems communicating with your attorney, you should raise the alarm whether your attorney is ideal enough. Generally, you should expect your attorney to return your emails promptly, and give you a valid reason when he or she fails to answer your emails as expected.
If your attorney does not communicate effectively, you should not have any valid reason to worry. For instance, if he or she fails to respond to your queries, you need to discuss with the lawyer to determine the cause of the silence. If the attorney is not responsive to your worries, you should consider finding another attorney to help in your case.
Besides communication, your attorney should have a competent lawyer. Competency is reflected in the expertise that an attorney has in handling a client's legal issue. Remember, attorneys are not machines and can easily make a mistake just like anyone else. This means that you should not expect to work flawlessly regardless of passing the state's bar exam.
The state bar association does not put a lot of shrugs if you complain about the competency of your attorney since they are generally understaffed to make any investigation on whether an attorney is working as expected. Therefore, in case you find any incompetence in the way that the attorney handles your situation, you should consider hiring a different attorney. Letting the attorney would end up costing a lot and deciding to sue the attorney would end up wasting your time or money.
In California, an attorney is expected to consider several ethical aspects when handling a client. These considerations include undivided loyalty to a client, representation within the bounds of the law, putting the client's interest ahead, and maintaining confidentiality. You need to evaluate whether your Palomar Mountain DUI attorney can meet these expectations before you decide to rely on his or her services. You can check this through an evaluation of statements from former clients about the kind of services that the attorney can deliver.
Most attorneys would present a retainer agreement once a client agrees to work with them. The deal might come with a fee, although the price is usually considered in the total amount that you are expected to pay.
You have to read the retainer agreement carefully to ensure that everything is as per your expectations. Ask the attorney to explain anything that seems to be way beyond your knowledge and have it reviewed if it does not match your expectations. Since most agreements allow clients to set the goal of how the case will be handled, you can make relevant decisions on how to handle significant issues, although the tactics to be used should be left to the attorney. Trying to micromanage the case might make your case hit a brick wall, and the attorney will feel that representing you is not worth the effort or time.
Ups and Downs
Any case has a lot of uncertainty until a verdict is reached. Your attorney should be at the forefront of helping you through the uncertainty. He or she should counsel you through the entire process and help your case go a specific direction. Perhaps you should avoid going to a plea bargain and plead guilty, which would save you the time and money needed in a court trial.
Therefore, dealing with an attorney will have a professional edge in handling anything that might arise from your case. Also, the attorney will help you make difficult decisions that you would not make all alone, which ends up saving you from the legal consequences.
Legal fees are usually the highest cause of disputes between attorneys and their clients. Therefore, it is recommendable to agree on the cost early enough to avoid conflicts that might disrupt your relationship. A reliable DUI attorney should present a well-explained legal fee structure that defines the amount that it will cost and the criteria used to determine the total amount.
In most cases, attorneys offer two payment options. The first option includes payment by the hour, while the other one provides payment of a flat fee. You need to evaluate both options and choose one that fits your financial capacity.
Finally, a competent attorney should be skilled and comfortable in DUI cases. The attorney should be able to draft a clear contract that you can understand and avoid unambiguous language in the agreement. Also, the attorney should show a high level of comfort in the courtroom and be capable of presenting strong defense strategies against your allegations.
What is Expected from You as a Client
As much as you have certain expectations for your attorney, there are certain things that a DUI attorney should expect from you as a client. These factors are essential for the smooth handling of your case and its success. Here is a detailed view of what your DUI attorney expects from you.
Communication is two-way traffic. As much as you would want your attorney to maintain contact, you should also maintain clear communication. You must inform the attorney which communication means you are most comfortable with and ensure that you are available at all times. aThis will help you maintain active participation in your case, especially when you raise questions related to your lawsuit.
Remain Open-minded and Receptive
Remaining receptive and open-minded can significantly influence the success of your case. Sometimes your attorney might give you the news that you would not want to hear, which you need to listen to and be receptive. This provides an opportunity to discuss the situation at hand and come up with a strategy that will resolve the problem without wasting a lot of time or money.
Active Participation in the Case
If your attorney asks for particular documents or information, you should work diligently to ensure that you deliver them promptly. Also, if your Palomar Mountain DUI attorney requests to have a meeting with you, you need to find the time and attend the meetings as well. Doing so will help build a strong defense that will make you achieve your expectations.
This goes without saying, but your attorney should expect honesty from you. Lying would only destroy the defense that the attorney plans to build, which will eventually lead to a loss of your case. It is recommendable for the attorney to learn everything about your case beforehand since he or she will deal with every fact even if they would compromise your defense strategies.
Paying Your Bills
Most attorneys love what they do and do not enter this practice only to make money. However, it is still their job and what they rely on for their living costs. So, you should pay your bills on time to ensure that the attorney delivers his or her service diligently. Furthermore, an attorney is similar to your barber or your doctor, and you would not expect to get their services for free.
Settle on Realistic Expectations
Although your Palomar Mountain DUI attorney is experienced in his or her practice, it is not a guarantee that you will get a positive outcome. Litigation has a lot of uncertainty, and there are things out of control for your attorney, no matter how hard he or she works. Therefore, you must remain open to anything that might turn up and be ready to face it.
Find a Palomar Mountain DUI Attorney Near Me
Facing a DUI case alone can be challenging. It requires the sound knowledge of California DUI laws. Therefore, hiring an attorney would be the best solution for your situation. San Diego DUI Attorney has the resources and expertise needed for these types of cases. If you are in Palomar Mountain, CA, contact us today at 619-535-7150 and schedule a free consultation with us.