Good people do not plan on getting charged with a DWI.
Most of the time, it is an oversight or hapless mistake. Most of the time, it is one time mistake. Most of the time, you will be able to attend classes, pay restitution, fines, and get your life back on track. Here is the first steps in the process.
- Attend Your Arraignment.
- Obtain an Alcohol & Drug Screen by an Oasis Provider.
- Gather police reports and other evidence.
- Engage in tactical negotiations with the District Attorney’s Office.
- Decide if a plea or trial is right for you.
1. Attend Your Arraignment.The first you need to do is attend your court date called the Arraignment. The Arraignment is the first court appearance where you and your Attorney enter a plea of “Not Guilty”. The Court will then schedule an appearance at a later date called a “Pre-Trial” Conference.
2. Obtain an Alcohol & Drug Screen by an Oasis Provider. At Your first court appearance the Judge should order you to complete an Alcohol & Drug Evaluation. Many evaluators accept insurance (co-pays do apply) and require a urine screen. Once the evaluation is done, it is reviewed by the Court and the District Attorney to help assess any underlying addiction issues.
3. Gather police reports and other evidence. This is a very important part of your case and this is where an experienced DWI Lawyer can really assist you. At this point in your case, you and your legal team needs to gather all the evidence against you to build your defense. Believe it or not, but most DWI arrests and the following paperwork contain some type of errors, and therefore, can be difficult to prosecute. Any evidence that may show your state of intoxication, or lack of, is crucial in defending a DWI.
4. Engage in tactical negotiations with the District Attorney’s Office. This is the most important part of your DWI Defense. After the Arraignment and after your defense investigation has taken place, your Attorney and the District Attorney will begin DWI plea negotiations. The District Attorney will heavily weigh your criminal record, the facts of this case, the DWI evidence against you, and several other factor when offering a plea disposition. In your defense, your Attorney should provide the District Attorney with any exculpatory evidence, equities or personal attributes, and solid/distinct reasons that you deserve a great plea deal. Some Counties also offer Alternative to Prosecution programs that should always be heavily considered.
5. Decide if a Plea or Trial is right for you. After negotiations take place, your DWI Attorney will approach you with the District Attorney proposed plea agreement. At this point, you and your DWI Lawyer need to discuss the pros & cons of the plea agreement versus a trial.
Every DWI case is different and DWI Law is very complex. You can also find more information regarding DWI Defense here on our webpage.
Feel free to contact us for a Free Case Evaluation to discuss these steps and your DWI Defense.
DWI Lawyer in Binghamton, NY. Chris Brown Law, Binghamton.
