Most cases involving charges of driving under the influence are solved outside of court. Especially with first-time offenses, that most individuals simply do not fight the charge and accept the consequences of their actions. If they do hire legal representation for defense, their DUI defense lawyers in Tyler, TX may negotiate a plea bargain with the prosecution and, in some instances, even be able to convince the prosecution to drop the charges altogether.
Reasons to Fight Charges
A defense attorney and their client generally choose to fight the charges for a few reasons. Sometimes a plea bargain is unacceptable because it requires pleading guilty. A professional driver, for instance, might lose their job if convicted of DUI, even if an occupational driver’s license is granted during the regular license suspension. A parent involved in a custody battle may risk being undermined in this situation if convicted of drunk driving.
In other circumstances, an attorney from a firm such as the Law Firm of Holmes & Moore, PLLC may believe that evidence against the client is very questionable. It would seem probable that a judge or jury would find in favor of the defendant. If the prosecuting attorney is unwilling to drop charges or reduce them despite this, going to court may be reasonable.
Order of Procedure
If the case proceeds to trial, the defendant may want to know some information about what to expect. DUI defense lawyers in Tyler, TX may ask the judge to dismiss the case if they have found good cause to do so, and sometimes this occurs. Otherwise, both the prosecution and the defense must present their sides of the story to the judge, or to a judge and jury as well.
One aspect of a trial that the defendant may not like is that the prosecuting attorney commonly has the last word in closing arguments. This is because the prosecution has the burden of proof and must make a case against a person who is considered innocent until proven guilty. A typical situation would have the prosecution making the first closing argument, the defense making its argument and then the prosecuting attorney rebutting details of the defense attorney’s statement.
