San Diego Lawyer Details Prosecutor Knows Successful DUI Trial Lawyers

Hi, I am Daniel Smith supervisor attorney and today we are talking about the process that is involved when you are defending a client that has been charged with a crime. Let's say that client is you and you've been charged with a DUI and we've talked a little bit about what happens at the first court appearance, where we enter a plea of not guilty and then the second court appearance where we are involved in what is called "settlement negotiations" in what's called a readiness hearing. The next thing that might occur in a case like this is that we are really going to get down to brass tacks, what do want out of the case. Now there may be many cases, many situations, where we are looking for something for our client that is something less than a DUI. For instance, you have heard the expression, "wet reckless and dry reckless" and things like that. They do make a difference. For instance, a dry reckless would count in many cases as two points in your license but it does not involve alcohol. There are less classes that you have to take; one is called the educational class.

What we are talking about is the negotiations and when they get a little bit past that first set of negotiations and we are really trying to come to a resolution. What do I want? What do they want? What are the strengths in my case? What are the strengths in their case? It is very important that your opposition, the prosecutor knows that you are a trial attorney, that you are the type of attorney that will go and take them to the mat. That is going to be an important factor when they determine whether or not they should consider the offer or what you are negotiating for.

Let's take a situation where I have a client and let's say that he is parked in an illegal parking spot. He's at a .26 and that is very intoxicated, over three times the legal limit. In that particular case, the client has not driven, the keys are in the ignition, the car is running and the officer says, "Where have you been?" He says, "Have you been drinking?" The client says, "Yes." The officer says, "Where have you been drinking?" The client says, "Here." The office then asks, "Where are you going?" The client says, "Here." There is a driving issue that the prosecution has to overcome and in many cases, the prosecutor may say. "Well, look, I'm not going to give you a DUI in this case but I will offer you a wet reckless."

Well then, I might come to prosecutor and say no, that's not acceptable. I would look at a dry reckless in which alcohol would not be a factor in the case, which may mean a lot down the road, when it comes to getting a job. Now if that prosecutor knows that I will take him to trial, that I will take him to the mat, he or she is really going to consider that, in the case. It is important that they know you are a trial attorney, that you will get out there and they you have charisma that you have the ability to talk to the jury.
That is what we have here, they is what we have with our firm. We round table the cases, we talk about them, we simulate the cases in many situations. We want you to know that when we go in there to negotiate on your behalf that they know we are serious and we will get what we are asking for because they know we are trial attorneys.
San Diego Defenders
State and Federal Criminal Defense/DUI & DMV Cases
585 Third Ave
Chula Vista, CA 91910
24 Hrs. (619) 258-8888
Direct Office Line (619) 233-6900
www.sandiegodefenders.com

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