Andrew Mishlove - Can I still Fight my Case?

American Bar Association Accredited - Andrew Misholove

Can I still Fight my Case?

OWI DUI FAQ'S

If you've been arrested for drunk driving, don't even think about proceeding without a lawyer. A person who represents himself or herself in court has a fool for a client.

IF YOU'RE FACING JAIL, YOU NEED A LAWYER, EVEN IF YOU'RE GUILTY

First, even if you believe that you're guilty, you're still legally presumed innocent. A good lawyer can evaluate the strength of the proof against you in ways that you cannot do yourself.
Second, a major issue in every case is whether the police overstepped their bounds and unlawfully stopped, arrested, tested and charged you. A good lawyer will evaluate whether you were treated properly. If your rights were violated, there may be no case against you.
Finally, the help of a good lawyer is critical in limiting the damage that an OWI DUI case can have on your family, your life and your livelihood. A good lawyer will direct you to the help and counseling that you may need to rebuild and restore your life after the damage of alcohol and an OWI case. Of course a good lawyer can minimize the penalties such as jail and revocation

CHOOSE A LAWYER EXPERIENCED IN FIGHTING OWI DUI CASES

There are various different kinds of lawyers out there, and you will need to know how to choose. In general, you will find the following:

Public defenders
Discount lawyers
General Practitioners
Extremely expensive criminal and OWI lawyers
Board Certified DUI Defense specialists (also expensive).

Avoid the discount lawyer. You will get only what you pay for, and that won’t be much. Discount lawyers make their money by handling high volume of cases or by maintaining unreasonably low office overhead (no secretary, etc). These lawyers are not skilled in analyzing and defending cases. Rather, they are skilled in quickly disposing of cases by guilty plea, to maintain their profit margin. Be skeptical of any lawyer who charges a retainer less than $1500.00 on a first offense, and $2000.00 on a second offense.

Avoid the general practitioner, that is, the lawyer who does some criminal work but also handles real estate, probate, divorce, wills, etc. Such a lawyer may be reasonably priced (with fees in the $1500-$2000 range), but will lack the specialized knowledge and skill necessary to defend a drunk driving case. This may be true even if the lawyer handles a significant number of drunk driving cases. Most likely, few of these cases are fought rather than plea-bargained. Further, a lawyer who has a reputation as a fighter tends to be able to negotiate better plea bargains, when necessary.

You are far better off with a public defender (if you qualify for such representation) than a discount lawyer or a general practitioner. Although public defenders are often overworked, they are skilled and dedicated specialists.

Be very cautious if you wish to hire the most pre-eminent criminal defense lawyer you can find. It is true that with a little research, you will be able to find the Johnny Cochran, F. Lee Bailey or Barry Scheck of your city. If you live in a smaller community, which does not support criminal defense specialists, it makes sense to go to the nearest large city. Expect these kinds of lawyers to charges retainers in the range of $10,000.00 and up, with substantial additional fees for trial, and more if it is for a repeat offense with a substantially enhanced penalty. Be aware, however, that some of the more famous criminal lawyers may not be experienced in drunk driving cases, as these are seen as too minor. So, make sure that you get a lawyer who understands the intricacies of a drunk driving case.

Drunk driving defense is now recognized as a separate specialty from general criminal defense. The American Bar Association has accredited the National College for DUI Defense ( www.NCDD.com) as the organization that may board certify specialists in this field. In Wisconsin, only an attorney that is certified by an ABA accredited board may lawfully call himself a specialist. If you are planning to fight your case, always choose a lawyer that is active in the NCDD and, if you are able, choose a board certified NCDD specialist. NCDD specialists will generally charge retainer fees in the area of $6,500 to $10,000 depending on the case, with much higher fees for felony cases.

Choose a lawyer with extensive experience in fighting OWI DUI cases at jury trial. Be careful because we have seen ex-prosecutors claim to have extensive OWI DUI jury trial experience, which was almost all as a prosecutor (a fact that they will neglect to mention). Make sure that the lawyer is experienced in defending these cases at jury trial.

Always avoid the low-priced, high volume lawyer.

GET THE BEST LAWYER THAT YOU CAN AFFORD, NOT THE CHEAPEST ONE THAT YOU CAN FIND.

An example of an eminent OWI DUI specialist is California attorney Lawrence Taylor, who literally wrote the book on drunk driving defense. His website www.duicentral.com is a valuable resource.

You should also check the national websites: www.1800DUIlaws.com as well as www.NCDD.com.

If you can’t afford a qualified lawyer, a public defender is a far better choice than a discount lawyer or a general practitioner.

You should be able to schedule a free initial consultation, where the lawyer should spend between about an one hour with you. The discussion should include a recitation by you and brief analysis by the lawyer of the following issues discussed in my online book, How To Win A Drunk Driving Case.

Feel free to call Law Offices of Andrew Mishlove for a free confidential case evaluation or referral to a lawyer in your area. Also, you may wish to start by using our online case evaluation service. I encourage you to talk to several lawyers and consider which one seems best for you.

Click Here For An Online Case Evaluation.

Law Offices of Andrew Mishlove
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4425 North Port Washington Road, Suite 110
Glendale, Wisconsin 53212

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