In most cases, being arrested comes as a shock to those accused of a DWI offense. When the individual knows they are innocent, their first instinct could be to start talking and try to convince the officer there has been some mistake. This can be the worst thing a person can do for their defense. Let’s take a look at some points to ask about in finding a reliable DWI defense attorney.
Lesser Charge And Penalty
If you are found guilty, there will be a court appearance where the verdict is read, and sentencing is determined. Your lawyer should immediately come to your defense and petition the court to consider lesser charges and minimal penalty. He can also petition the court for an appeal based on factors that only a lawyer will know how to handle.
When a person finds themselves being placed under arrest, the best thing they can do is make no effort to resist and keep their mouth shut. Don’t speak to anyone but a lawyer, or a loved one who will find a reliable houston dwi defense lawyer. Ask as many questions as you can about each of these steps involved in creating your defense and only discuss these matters with your DWI defense attorney.
During the arrest process, they should read your rights, which include having the right to remain silent. Follow those instructions. The only thing you should say is to remind law enforcement that you are allowed to make a phone call, then call someone who can find an attorney for you. It may take several phone calls before being able to decide which lawyer to choose.
There is an arraignment process during which the formal charges against you will be read. It would help if you had a lawyer there to speak on your behalf and represent you in court. This is not the time for you to start talking. Let your attorney do the talking and petition the court regarding the amount of bail that is to be set.
The discovery process is where your lawyer is allowed to find out what evidence is gathered against you, if any. Then your defense starts by trying to find proof that contradicts that existing evidence. This can involve taking statements, depositions, and interviewing other individuals who might prove that you were not drunk while driving.
Jury trials will choose up to 12 people to listen to the case and determine if they think you are guilty. The lawyer you have selected will counter each of the choices with questions that are in your best interest, and either accept or decline based on the answers.
When the trial begins, you will be expected to be there on time and in person. In some situations, the defendant might be physically unable to appear in court. These matters will be presented to the judge, who will determine if it is in the best interest of the accused’s health to allow the trial to continue without them being in the courtroom.