Do Police Officers Ever Not Show Up For Trial?

Unlike a speeding ticket, DWI trials usually achieve a much higher degree of importance with local police departments. Police officers are routinely subpoenaed to testify and technically it is against the law to disobey a subpoena. It sometimes happens that a crucial police officer is incapacitated and unable to testify. If it is determined that the case cannot proceed without that officer’s testimony, then in all likelihood the matter will be dismissed. However, police officers in almost all DWI cases show up.

Can Counselling or Treatment Affect The Outcome of A DWI Trial?

Yes, counseling and/or treatment can affect the outcome of a case with regard to whether a satisfactory plea bargain and sentence can be negotiated prior to trial. However, whether a motorist is or intends to obtain treatment for alcoholism or drug abuse has no actual relevancy to the question of guilt or innocence at trial.

Are Most DWI Trials Jury Or Bench Trials?

There is no real way to generalize the answer to this question. The decision whether to request a jury or a judge trial rests solely with the motorist and is usually based upon the past experience of a DWI defense lawyer and whether the facts of the case and particular judge involved lends itself to a judge trial.

Who Decides The Verdict At The Trial?

If it is a jury trial, then it is a jury verdict. If a judge conducts the trial, then it is the judge who renders a verdict.

If A Person Is Convicted, Is The Original Plea Deal Off The Table?

The answer quite simply is yes. If a motorist is offered a reduced charge and declines and instead goes to trial, it is the verdict at that trial which then controls and there would be no need for a plea bargain.

Upon Conviction, Is The Punishment Worse Than What Was Offered In The Plea Deal?

More likely the answer is yes. Unfortunately many judges have been known to increase the sentence imposed after a motorist has taken the time and expense of the court in conducting a trial and has turned down a plea bargain where the proposed sentence was substantially less.

How Important Is It For Someone To Know All Of Their Options?

Any attorney who has practiced criminal law and more specific, DWI law, knows that the most important thing is for their client to make an informed decision. It is therefore necessary for an attorney to discuss with his client that which occurs at each step in the process and most importantly once a plea bargain has been reached, the options available should a client reject it.

Can Someone Even Afford To Go To Trial?

Unfortunately, this expense is the main stumbling block to many motorists requesting a trial. Obviously, the preparation, filing of motions, conducting interviews with expert witnesses and preparing trial testimony as well as opening and closing arguments and the law involved requires a great deal of time, much more so than negotiating a plea bargain. It is therefore much more expensive with regard to attorney’s fees to go to trial.

How Does Your Personality, Approach And Experience Help DWI Clients?

The best way to judge an attorney’s abilities is how comfortable you feel with him and how long he has been in practice and how many DWI trials he has conducted. If an attorney has been in business a long time and conducted many DWI cases, it is obvious that he has achieved a great degree of success and satisfaction from his clients.

For more information on Police Officers At DWI Trials, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (914) 709-7161 today.