Part of my practice as a DUI expert witness involves working with Phoenix DUI attorneys. Everything from case reviews, to helping write reports detailing the strengths and weaknesses of the prosecutor and defense attorney’s cases, to expert witness DUI testimony. Regardless of how skilled and knowledgeable your criminal defense attorney is in DUI defense, many times they need the services of a properly trained forensic scientist to help not only understand the scientific aspects of the case themselves, but also to be able to explain the scientific arguments of both the prosecution and defense’s cases to a jury in a way they can easily understand.
I’ve met many Phoenix criminal defense attorneys during my past 11 years as a forensics expert. The process of finding the right DUI attorney can be daunting, so let me make some suggestions.
1) Many DUI attorneys offer free case evaluations. Check with several attorneys before you settle on the right one. You are buying a service. It’s just like shopping for any other big ticket item. Before I bought my TV I spent weeks researching, went to different stores, and looked at the displays they had setup. I even brought my own DVD in and asked to have it played at a certain part of the movie to evaluate how well each TV could handle a high action scene.
Similarly you should have a list of questions you ask the attorneys. It’s basically a job interview for them. If they are too busy to sit down face to face and answer a few pertinent questions about your DUI case, then that might be a good indication they’re too busy to spend the time they need in defending your case.
2) Many DUIs, including extreme DUIs, don’t go all the way to trial. Your attorney (or an expert like myself) might find a problem with the state’s case, and a plea bargain might be reached, or charges could even be dismissed. It’s a good idea to find an attorney who has a good working relationship with the prosecutors in the court system you are being charged. These are questions to ask your attorney before you pay your retainer. How well do you get along with the prosecutors at Phoenix Municipal Court for example. If the response is filled with negativity about the prosecutors, they probably don’t have a good (albeit adversarial) working relationship with that office, and as such as are less likely to get a good plea bargain for you.
3) Do your research. Don’t just wait for those midday and late night TV commercials advertising criminal defense attorneys. If you know someone who was charged with a similar crime, ask them about their experience. Did they like their attorney? If they didn’t, ask them why. If they did, put that attorney on the list of people to talk to. Looking attorneys up in the phone book and internet can work as well, but word of mouth will get you more useful information.
4) Select a solo-practitioner or a law firm with several attorneys. There is no right or wrong answer here. If you select a solo-practitioner, you are almost guaranteed to work with the attorney who will eventually end up litigating your case. The problem here is scheduling. It might take a solo-practitioner longer to be able to fit your case into their schedule. They also might have to have other attorneys they affiliate with attend trial status conferences. This is a pretty common practice, and you shouldn’t be alarmed or upset by this. In these cases, your main attorney is likely in the middle of another case, and they have briefed another attorney on the status of your case. The affiliate attorney will simply report to the court how things are progressing, and when the defense will be ready to proceed.
Selecting a firm with several lawyers can help expedite how fast your case goes to court. If you really want to get things over with quickly, this might be a good option. On the other hand, if there are scheduling conflicts, you might not have the attorney you expect actually litigate your case. This isn’t necessarily a bad thing. The attorney who does litigate your case has certainly been fully briefed by the attorney you were working with, and judges generally do not like to have cases continued too long. But be aware, if you feel you have a strong personal connection with the attorney you have been working with, having a different attorney from the firm show up can be a big disappointment.
Remember to shop around. Find an Phoenix DUI attorney that you feel comfortable with, like and seem to click with. Regardless of what criminal charge you have (DUI, extreme DUI, super extreme DUI), don’t forget to also talk to your attorney about the benefits of consulting with an expert witness. Even if your attorney doesn’t usually, or isn’t very good at, working with an independent expert witness, having one review your case can open up new avenues of defense, as well as greatly increase the likelihood of getting a good plea bargain and prevent your case from going to trial.
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