Before an individual even steps foot in a court room, a Falls Church DUI lawyer can assist them in preparing and understanding their case. Although DUI charges are common, they can still be very stressful to deal with because the penalties associated with a conviction are always serious. When you hire an attorney with local experience to help you take on your case, they will bring specific and detailed information about the area’s court system to your defense. This knowledge can make a major impact on the defense a lawyer presents in court and the entire course of your case.
An attorney will be able to defend the client’s rights in court because an attorney would be by the client’s side throughout the duration of the proceedings. That starts before they go into trial- whether they need bond or a continuance, and when the attorney is looking at the evidence that the prosecutor has in the case and the evidence that the attorney will be presenting against the state. The DUI attorney will talk to the prosecutor, point out holes in the case, and work with the prosecutor to come to an agreement that is beneficial to the defendant, while reducing their risk for a harsher sentence at trial. If a plea agreement will not work, then the attorney will be by their client’s side during the trial.
An attorney will object to the admission of evidence and cross examine the Commonwealth’s witnesses in a way that is most advantageous to their case. Having an attorney that knows what to listen for is important because it allows the attorney to determine what is and is not allowed based on the criminal rules in Virginia. That could potentially impact evidence that the prosecution presents.
If someone is charged with a driving under the influence, one of the first steps their attorney can take is requesting discovery. Discovery is important because it requires the prosecution to provide the evidence that the state is going to use against the defendant, in an attempt to convict them. Requesting discovery and knowing what to do with the evidence provided is the first step that a good attorney will use to benefit their client’s case.
The next thing that a lawyer will likely do is to reach out to the Department of Forensic Science to get information about the equipment used in the DUI arrest. The DUI attorney will get all of the log information from the Intoxilyzer machine, that tested the amount of alcohol during the breath test and converted it into a number that the prosecution will use against the driver. Based on that information and based on when the machine was calibrated, the attorney may be able to find errors, if there are any, which will allow the attorney to ensure that the breath test was given appropriately and that the results are full proof.
Working with a local lawyer is extremely important because they know the local system, procedures, laws, judges, and prosecutors. As a result their defense has a better chance of success since it will be based on what typically happens in that court, with that judge, and that prosecutor. In contrast, if someone has counsel that comes in from another county, they will know the general DUI law in Virginia, but they will not know any of the special options that could be available in Falls Church, how to work with that judge, and what factors actually hurt, rather than help, a case in this jurisdiction.
In addition to knowledge of the local courts, it is beneficial to have an attorney that knows the area and the local roads as well. Having somebody that knows where the light posts are located, what the slope is like, what the ground level is like, whether there is loose gravel, and/or whether a certain turn is simply too narrow for a car to stay within the lanes, are key factors in the defense of a charge of driving under the influence and can greatly impact an individual’s case.