What should we try to find in a DUI Attorney?
Attorney Franks: You require a DUI attorney who is going to tell you the positive and the negative of your situation. Every case has positive and bad points. You require an attorney that will certainly sit down day one and tell you realistically what your situation is. You require a lawyer that's not scared to go to court that's not hesitant to get in front of a judge yet at the same time has a relationship with the prosecutors and also can have an honest discussion. Frequently we can get a desirable end result without having to go to trial though occasionally a court date is definitely necessary. You require a lawyer that's not terrified to take the course most advantageous to you. And you need a person that will certainly tell you the no bull story of your situation.
Can a person just go into the courtroom and also speak straight to the prosecutor?
Attorney Franks: Yes and negative. There are prosecutors who decline outright to talk with people that aren't represented by an attorney. In fact I have actually dealt with one prosecutor that would not speak to me as an attorney. You have the right to go talk with the prosecutor however there's no requirement the district attorney talks with you. Truthfully do you recognize the good points of your case? Do you recognize the negative factors of your situation? Ive spoken to many people about that and also I clarify what they're taking a look at. Frequently they don't recognize the answers. Its not since they're stupid. Many people I deal with are very intelligent and also competent at being a mechanic or a carpenter. They got into a bit of trouble. I cant work on a semi trick or replace an engine. Yet I'm a great DUI defense lawyer. I inform individuals I can go work on my own vehicle or I could try driving an 18-wheeler yet its most likely to look poor and also I'm possibly going to mess it up and its most likely to end up costing me a lot more. So I very much recommend going ahead and obtaining a DUI lawyer to stand up with and serve them for the duration of the process and also to see that its not ruined. I ensure it costs as low as feasible and it sets you back as little time as feasible.
Whats one of the most common concerns you see?
Lawyer Franks: "Am I most likely to go to jail over this?" I understand no one wants to go to prison. However for a DUI first violation 48 hours is the maximum jail penalty that can be imposed. If there is a plea deal or a guilty conviction then we request time spent credit. There's also the choice of attending a victims impact panel. You attend on a weekend and endure the panel. You have to pay for it but you stay clear of investing the two days behind bars or you avoid the rest of the time you would be required to be in jail that had not been credited. Occasionally we have the ability to have that put on hold completely and also if we get an innocent at court or the issue is dismissed then there is no prison time.