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Laws, news and information concerning all aspects of criminal law and criminal defense. Find a criminal defense attorney.
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California DUI attorneys and DUI defense lawyers throughout the country often lose drunk driving cases because of their own mistakes. This article lists those mistakes to be on the lookout for when going through your DUI case.
These are some mistakes done by California DUI lawyers that can loose your case.
1. Many DUI lawyers are too young and inexperienced to know the law and have the necessary skills to effectively represent a defendant. Many times the young attorneys fresh out of law school will immediately begin representing defendants by taking appointments from the public defender's office.
The unfortunate people who cannot afford to hire their own DUI attorney and get stuck with a new lawyer pay a steep price. While these attorneys are not given the most difficult cases such as sexual assault and murder cases, even the most basic disorderly conduct case can have difficult fact patterns and complex legal situations to work through. And DUI cases are unfortunately considered "easy" cases by too many in the justice system. So these young and inexperienced attorneys will be assigned to dui cases even though these cases can be very complex. These attorneys often get rolled by the prosecution, since they lack trial skills and the confidence to play hardball with the prosecutor.
Yet, even attorneys that have more years of experience often lack the skills needed to win. They simply have not put the time in to learn the law or the skills necessary to properly defend their clients.
2. Many experienced California DUI attorneys have an inappropriate caseload by taking on either too many criminal cases or too few criminal cases. Some attorneys will take each and every case they can get from the public defender's office and any case that walks in the door. By doing this, they simply do not have the time that is required to handle the case effectively. Their performance in each case will be less than it should be.
Other California DUI attorneys practice criminal and DUI law but only as a small percentage of their overall caseload. You may have an attorney with twenty years of experience. But will that really matter if 90% of his caseload is in the area of divorce law. This attorney will have years of experience, but not the experience you need. It is highly unlikely that they will know the law pertaining to your case as well as they should. Nor is it likely that they will they have the criminal trial experience that is required for a criminal case.
3. Unfortunately many California DUI attorneys are just too lazy or just don't care. Attorneys are notorious for waiting until the last minute to file motions and to meet other deadlines in a case. They will do just enough to get by. They will never do more than the bare minimum on a case. They have seen hundreds of cases and know how a case will be resolved just upon reading the report. There is no reason to suspect anything other than the typical plea bargain. And that is exactly what they get. They are a prosecutor's best friend, because they make his job so easy. The prosecutor can get more of what he wants because he knows this defense attorney is just too lazy to fight.
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