You need a reputable lawyer to help navigate the legal system and avoid common mistakes when facing a DUI charge. You will meet with a prosecutor from the District Attorney’s office at your first hearing and you must be able to decide how you want to proceed. You need the advice of a good Denver DUI lawyer at this point, to make the right decision and provide you with the best advice on how to proceed.
If you’ve been charged in Colorado, you have likely been served with an affidavit from the arresting officer, which gives notice that your license will be revoked. The express hearing is separate and determines whether you will lose your license. The DMV will ask whether you wish to challenge the arresting officer. This is where you need the expertise of a seasoned attorney who knows how to represent you effectively and navigate the justice system. A lawyer knows where the loopholes may exist, because he or she knows the system and how it works.
When you assume your case is undefendable, you may not be giving yourself a chance. The prosecutor has to introduce your test into evidence with a sound foundation, so a jury or judge can consider all the facts. Factors such as certification of the testing lab, functioning and accuracy of the breath alcohol testing machine, procedures for obtaining and handling the blood sample, and chain of custody issues can be issues that make the case difficult for the prosecutor to present. If there are errors in any of these processes, the case could be dropped entirely because the quality and legitimacy of the evidence will be questioned. An experienced DUI lawyer can find these errors quickly.
This is important because the state must take two vials, so one can go to a lab of your choosing. If the private lab’s results showed a lower level than the state’s, the accuracy of the test will be questioned. This could result in the prosecutor dropping the case, because the whole foundation of the charge comes into question. The credibility of the police officer and the police department is questioned when this happens. The accuracy of the state lab may be questioned when the results of the 2 labs come back very different.
This is a criminal conviction that will follow you for the rest of your life and stay on the Colorado Bureau of Investigations records permanently, possibly hindering your ability to take certain types of jobs. Your driver’s license could also be suspended for a length of time, resulting in additional fees and channels to go through to get it back at the end of that period. If you think about the repercussions before choosing a lawyer, you may be more likely to select an experienced DUI attorney who is known for getting results and representing his or her clients.
One of the most common mistakes after a DUI is not hiring a good lawyer. You want a DUI lawyer who has a good reputation and is known for getting results for his or her clients. It may save you money by retaining a cheaper lawyer, but the end results can have far reaching consequences, such as a DUI charge and a permanent record of DUI. Your future should not be gambled on a lawyer who may not have the right experience. It is well worth the extra money to find an experienced lawyer with a good reputation in helping clients who have been charged with DUI. A good lawyer may be able to find all the holes in your case and will give you advice that is in your best interest.
If you fail to show up to court, the judge will issue a warrant for your arrest. This will result in higher fees and more charges when you’re caught. By showing up and dressing properly, you are sending a message that you take the charges seriously and expect to represent yourself to the best of your ability.
You should have the evidence, such as lab test results, preserved so they can be used in court. In addition, testimony of lab professionals also carries plenty of weight in the courts. But, you need to notify the courts that you will be doing this prior to any scheduled hearings. Having evidence and proper testimony can make the difference in losing your license and getting a DUI charge or winning your case due to the evidence presented in your favor.
There are times when an officer may conduct an illegal search and a judge will not question the procedures. You need representation so these issues can be questioned. A lawyer who works with DUI clients understands that illegal searches can and do happen and can question the actions of an arresting officer. It would be a shame to have a DUI on your record because an officer conducted an illegal search.
If you’re facing a DUI in Denver, be sure to avoid these mistakes and reach out to an experienced Denver DUI defense attorney. At the Law Offices of Steven J. Pisani, LLC, we handle each case we take with compassion, professionalism, and unmatched drive to win. For more information about how Denver DUI attorney Steven J. Pisani can help protect your rights if faced with Colorado DUI charges, schedule a free consultation by contacting us online or calling us today at (303) 529-2834.
If you have been accused, arrested, charged with a criminal offense, you still reserve the right to fight your charges. This is best done by presenting your defense arguments to challenge whatever evidence the prosecution has against you. Whether you are facing a criminal, DUI, or traffic charge, you will want to enlist a skilled lawyer. A good Denver criminal defense attorney will review the facts of your case, apprise you of your legal options, and develop compelling legal defenses to fight the charges in your criminal case.
Here are some of the most common types of defenses used in criminal cases:
When facing criminal charges, you may raise the affirmative defense and argue that you acted in self-defense. This is one of the most common defense strategies that can help justify your actions and absolve you from any liability, particularly in assault or murder cases.
However, you must convince the court that the aim of your actions, which otherwise would be considered criminal, was to protect yourself from the aggressor. Also, you must prove that your actions were equivalent to the threat leveled against you.
If, for example, you are being accused of homicide, you must show that the attacker would have otherwise killed you, and hence you committed the criminal offense to prevent your own death.
Another common type of defense that can apply to criminal cases is alibi defense. In this defense strategy, you may argue that you were not the actual perpetrator of the crime, but someone else. It’s essential to keep in mind that sufficient and credible evidence is key to presenting a strong alibi defense.
When the circumstances that led you to commit a crime involved coercion and duress, you may be able to use that as a defense argument. This is usually a criminal defense that shows that you did not willingly commit the crime.
However, you must show that you acted out of fear or the threat of illegal force that was levelled against you or someone close to you. For coercion and duress to qualify as a defense argument, you must also show that your own actions did not lead you into the situation where duress and coercion occurred.
If you committed a criminal offense and did not have control over your actions, you may be able to use the insanity defense. This defense states that even though you committed the crime you are being accused of, you did not know that what you did was illegal. Therefore, you must support your argument by showing that you were sleepwalking, deluded, provoked, or seriously mentally disabled.
Other common types of defenses for criminal cases may include:
Regardless of your defense strategy, the burden of proof lies on you. That means you must convince the judge or jury that you are telling the absolute truth and support your arguments with all the evidence you can gather.
Doing this is not as easy as it sounds. You must have a criminal defense attorney on your corner. An experienced defense lawyer understands the risks associated with each type of defense and will help you devise a compelling defense strategy to challenge the prosecutor’s evidence.