Will Your DUI Attorney Do Justice in Your Case?
Posted by kunal on March 24th, 2020
How is justice achieved in our criminal justice system if you're charged with a Dui Less Safe Georgia ?
The justice system in California and throughout America is predicated upon the thought that if both the prosecutor and therefore the defense lawyer know the law, have the acceptable skills to do their jobs, and fight zealously for his or her side, then the reality are going to be known and justice are going to be done. This isn't always the case, especially in drunk driving cases which are usually more complex and offer more opportunities for dui lawyers to make mistakes.
I'm sure you are asking yourself some questions. What if your California DUI attorney doesn't know the law? What if your DUI lawyer doesn't have the necessary skills to do the job? What if your attorney doesn't fight passionately and do all that he or she can to win your case? If your DUI lawyer fails any one of these criteria, then justices will not be done. But you will be the only one to get hurt because of it.
These questions bring other questions and worries to mind. How are you alleged to be ready to tell whether or not your DUI attorney knows the law? Isn't that why attorneys attend school of law anyway, to understand the law?
How am i able to know if my attorney doesn't have the talents necessary to handle my case? What skills are necessary anyway?
How can I know whether or not my attorney has done all he could do to defend me and win my case. Besides, what are all the various things an attorney can do to win a case?
These are all questions that many defendants have but are afraid to ask. But you would possibly even be asking, "Well can't I just win on appeal if my attorney screws up?" Read on.
Winning on Appeal and Ineffective Assistance of Counsel in DUI Cases
During my years as a prosecutor and defense attorney, I was able to see all too well exactly how our criminal justice system works in America. I got to see all the good and all the bad. In everything I saw, one observation stood out; a day too many of us charged with a criminal offense lost their case or accepted a really bad plea bargaining from the prosecutor all due to hidden mistakes that their attorneys made. And since DUI cases were more complex there have been more mistakes made in those cases
What was worse was the fact that almost none of these defendant's ever knew or even suspected that their dui attorney had done anything wrong. And even worse than that, was the fact that if they had even known the attorney had screwed up, under the laws of the land very few of these cases would ever be able to be overturned on appeal.
You see, the law states that a case can be thrown out if there is what we call in the legal world ineffective assistance of counsel. It basically means that your attorney screwed up so bad that the outcome of the case would be in doubt to your average reasonable person. But the key here is not just that the attorney made a mistake. The key is that the mistake was so bad that the outcome of the case would be in doubt.
So, if you attend jury trial and lose due to something your attorney did or did not do, then the court of appeals can overturn your conviction if they believe there's an inexpensive chance that the result of your case would are different had the error not been made. But here's the catch; it's very difficult to prove this, especially if you enter a plea and don't attend trial.
Most cases do not go to trial, so most mistakes never have a chance of ever being noticed, much less ever even appealed and corrected. Once you enter a plea it becomes very difficult to ever appeal your case because you most likely either pled guilty or no contest. And if you plea no contest, the judge assumes you are guilty.
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About the Authorkunal
Joined: July 7th, 2017
Articles Posted: 132
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