Just Because You Hire a Lawyer Doesn't Mean You Win

Hello, again! This is your DUI lawyer of Palm Beach writing today on why having a lawyer on your first D.U.I. charge may not benefit you. What you say?? Yes, please allow me to explain!

In Palm Beach County, Florida ( actually all of Florida), a first time D.U.I. offender faces statutorily mandated penalties. Like what you ask? Well, the standard plea offer from the Office of the State Attorney for the 15th Judicial Circuit (Palm Beach County, Florida) is as follows; an ajudication (mandated by statute), 12 months of probation,  $500.00 fine (mandated by statute), court costs (mandated by statute),  50 hours of community service (mandated by statute), D.U.I. School (mandated by statute), victim impact panel (mandated by statute), 10 days of vehicle immobilization (mandated by statute). That is the plea that is available at arraignment. The arraignment??? Yes, that is the date that you must appear in court for the first time to answer the charge. You can actually go there and accept the plea (many, many do) and conclude the case.

So what happens when you hire private counsel? Lawyers enter a Notice of appearance with the court. The clerk's office will automatically remove the case from the arraignment calendar and place it on a case disposition calendar. The lawyer files a Notice of Discovery which essentially is a request for all reports, statements, etc relating to the case. The DVD is ordered from the Sheriff's Office and/or the arresting agency. Which now brings us to the meat of the matter. Many times after reviewing the reports and the DVD and doing the appropriate research lawyers reach the conclusion that the client is "sunk". "Sunk" as in having to advise the client that the plea offer is probably in his or her best interest. So has the lawyer done the job? Yes, of course! When we are retained the client often (almost always) does not have the police report nor the DVD. Criminal defense lawyers, including DUI lawyers, set a fee based upon the client's priors and the facts (at least as far as the client has related them). That is the fee, win or lose.

So you see, if attorneys had all the reports and the DVD available at the time of the initial client interview there might be fewer DUI defendants actually hiring attorneys. But in reality many are looking for peace of mind, in that they wish to see what can be done if anything. Any criminal defense attorney who has devoted any portion of their practice to DUI defense, pretty much knows after reading the police reports and reviewing the DVD, how the case shakes out. Of course, unexpected events may occur, such as the arresting officer suddenly resigning and moving out of state (and the odds of this are?)

Look the best advice that I can give you is DO NOT drink and then drive. Simply DO NOT do it! Because when you drink and drive you become a danger to yourself and others! Imagine how you would feel if you hurt someone else, perhaps a child. You are the sole person in charge of yourself. You are the one who brings the drink to your lips. No one has forced you.

If you wish to discuss life, the universe, or anything please feel free to call me at 561-616-8700 or visit me at www.duilawyerofpalmbeach.com and www.expungemyfloridaarrest.com. I wil also answer e-mails at Tim@duilawyerofpalmbeach.com.

Copyright, Timothy C. Foster, 2009, all rights reserved!