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Know and Protect Your Rights in a Criminal Defense Matter



Download Our Free Guide

Know and Protect Your Rights in a Criminal Defense Matter





Role of an Oakland DUI Lawyer

Driving under the influence laws are heavily enforced in Oakland. It is very rare that someone who is arrested and charged with a DUI at the police department to not be prosecuted by the district attorney’s office. Unless there is a legal defect with the case, it will most likely be charged by the district attorney’s office. The dispositions of the cases and the sentences that come with convictions are significant to the defendant. The role of an Oakland DUI lawyer is to fight for the defendant to help them have their charges mitigated or dropped. Therefore, if you have been arrested for a DUI, you may want to seek the services of a seasoned DUI attorney.

Gathering Facts

The role of an Oakland DUI lawyer is to obtain the facts surrounding the case. The lawyer will begin by looking at the factors of the arrest to see if there are any factual or legal problems with the arrest. If there are any legal issues, such as an illegal stop, then it may be appropriate to dismiss the case. The attorney will also gather evidence that could be favorable to the defendant. The evidence will depend on the specifics of the case.

Advocating for the Defendant

The attorney can also help the defendant by advocating for a disposition of the case that does not involve jail time. They will also help the individual avoid additional punishments to their driving privileges such as having to install a monitor or an ignition interlock device in their vehicle. If the district attorney or court pursues significant jail time, the lawyer can advocate that the sentence is served out of custody through house arrest or a work program. In appropriate situations, the lawyer may negotiate for the person to live in a residential alcohol treatment program.

Presenting the Defendant in a Favorable Light

Another role of an Oakland DUI lawyer is present the defendant in a favorable light. Prosecutors sometimes get tunnel vision and focus only on the numbers. They concentrate on the blood alcohol level, the defendant’s prior history, and whether there was a car accident or other aggravating factors that may serve as an enhancement to the charges. The prosecutor might craft an offer on the case based solely on those factors. However, a quality defense attorney shows the prosecutor a more complete picture of the person charged with a crime. A lawyer makes sure a defendant gets a fair and reasonable disposition of the case by showing other positive aspects of the individual’s life that the prosecutor may not consider.

Benefits of Working with a DUI Attorney in Oakland

The primary benefit of working with a local DUI lawyer is the familiarity they have with the district attorney’s office and the courts. When the attorney goes to court, they know in advance the district attorney’s office views on a specific case and their offer. A local DUI lawyer will also know what is considered a standard offer and where there is wiggle room to ask for a reduction.

Sometimes the initial offer by the district attorney’s office is fair and reasonable and the case resolves quickly. In other instances, the attorney knows based on prior practice, that the district attorney’s office has a particularly harsh view of the case and has a high offer. When an attorney previously worked with the district attorney’s office, they know the prosecutor’s position and what the offer might be. To mitigate on behalf of the defendant, the defense attorney may put together a presentation about factors unknown to the prosecution that cannot be found in the police report. The role of an Oakland DUI lawyer is important for those seeking to avoid facing significant penalties for a DUI arrest.

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