Posts Tagged ‘dui attorneys’

Investigate your DUI lawyer before hiring

Saturday, August 1st, 2009

One of the biggest mistakes that a person seeking a DUI attorney can make is to not do their homework. When it comes to initiating and maintaining a relationship with a legal professional, the best practice is to trust but verify.

What do we mean by trust and verify?

Well, there are a lot of attorneys claiming to be the “premier” or “trusted” or “top” law firm in their state, city or county. When you see this a red flag should go up. Typically the best lawyers don’t need to shout their own praise.

It also means that you don’t want something that is going on in your lawyer’s personal life to impact your case. For example, is your lawyer in financial trouble? If the answer is yes, it can make a huge difference in your case. First, a financially strapped lawyer may be more likely to tell you what you want to hear. In short, you are more likely to get conned or cheated by a lawyer who needs your business than a lawyer that is not overextended professionally or personally.

Is the lawyer going through a tough family time? It shouldn’t matter what’s going on in your lawyer’s personal life, but it does. How couldn’t it.

Check the dockets of your local courts to see if your lawyer is going through a divorce, facing foreclosure, or has any civil or criminal cases against them.

As an example in the Phoenix area, if you are looking for a DUI lawyer, go to http://www.superiorcourt.maricopa.gov/Docket/ and you can check the criminal, civil and family law dockets and even read minute entries. You may be surprised to find out that your lawyer is on one or even all of these dockets, and you can even read the juicy details. You may find out that the lawyer is completely honest, or you may find out that he or she has tried to cheat his own kids and is facing liens and foreclosure in his office and home. You can learn a lot from a little research, and it very well may save you not only wasting money on an attorney who is not right for your case, but also may end up keeping you out of jail because you will select the right lawyer.

More than anything, don’t be afraid to ask questions. Don’t hesitate to press the lawyer on his or her personal circumstances, because they do matter to you and your case. If you are too intimidated to do it with a particular lawyer, then you are probably better off looking elsewhere.

Heard in DUI court on 1.14.09

Thursday, January 15th, 2009

While waiting in court yesterday with my client, I overheard a court interpreter tell one of her public defense clients who she was going to interpret for in Spanish something that disturbed me. To set the stage, I heard it in English and the conversation was clear as day. She said something to the effect of:

I think DUI cases are scams. There is nothing that a lawyer can do, and I think anybody who hires one is getting scammed.

She said this loud enough that the whole court could hear.

This disturbed me because it is both true and completely false at the same time.

The fact is that there are lawyers who hold themselves out as handling DUI cases who are just high-paid escorts through the justice system. These are the lawyers that give all DUI lawyers a bad name. They are a blight on the profession. Unfortunately, the good DUI lawyers also get lumped in with the bad ones. This is understandable from the public’s perspective because it is typically the bad ones that seek out the media attention, who shout the loudest that they are the best and then let their client’s down by being incompetent, uncaring or worse.

I try to shake comments like this off and let my work speak for itself, but sometimes it is difficult not to let it bother me. The fact is that every day I fight for people who are engaged in a battle for their lives (if not literally, then it certainly seems so to them). Every day, whether in court or on the phone, I am met with skepticism that I can really do anything to help.

The hard reality is that sometimes there is nothing that I or any other lawyer can do to help. In fact there are cases where a lawyer can do more harm than good. I always point this out to potential clients when I think their cases fit into one of these categories. I am always honest with clients from the beginning and only accept cases when I think there is something I can do to help, or when the client clearly understands that I am there to make sure that nothing goes wrong.

After I finished up in that courtroom I went down two levels in the Courthouse to confirm with another courtroom that the prosecutor’s motion to dismiss all charges against my client had been granted in another case. As I walked to the parking lot with the order of dismissal of all charges in my hand, I reflected back on what that misguided court interpreter had said in that courtroom. She is just calling it like she sees it. She is not acting maliciously or spitefully. The problem is endemic in the legal profession and it needs to change.

The only way that I can think of to change it is one lawyer at a time and one client at a time. The more the public gets educated about the difference between good DUI lawyers and posers, the more chance good DUI lawyers have of enjoying the respect and reputation they deserve.

Arizona DUI Penalties – A trend towards more jail time

Saturday, August 30th, 2008

While the words “expect the max” do not yet ring true in every DUI cases, there is an alarming trend towards more jail time, and less electronic home detention.

As an example, in Arizona DUI cases, it has now become accepted and normal that a first time DUI conviction requires a 45 day jail stay. This is for cases where the alcohol level is .20 or higher. At the end of 2008, AZ will require 30 days in jail for a first offense .150 or higher drunk driving conviction.

Based on the anti-DWI political climate, there appears little can be done to push back the legislative flow towards stiffer DUI penalties.

This DUI website and DUI blog is devoted to the issues surrounding drunk driving litigation.

DUI Penalties: Don’t expect the max, but prepare for more than the minimum

Saturday, August 23rd, 2008

In Arizona DUI cases, for years defendants have been able to depend on getting the minimum sentence under the law. The state has countered that expectation with its commercials, including the “expect the max” campaign.

The legal community is buzzing with talk of judges who have started giving more than the minimum. And not just a little more. For a list of minimum sentences, see Arizona DUI Penalties. The minimum calls for 1 day in jail for a first offense conviction. Some judges are now rumored to be handing out sentences upwards of 10 days in jail

As a practicing attorney, I used to be able to advice my clients and potential clients that, at worst, they might get the minimum. I used to be able to tell potential clients who were not sure if they wanted to spend money on a DUI lawyer that they could probably get the minimum if they went in themselves. I no longer feel comfortable with this advice in most cases (certain exceptions certainly apply).

When the new DUI laws in Arizona go into effect on 12/31/08, there will be a whole new set of increased penalties for those accused of drunk driving to deal with.