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The Importance of Legal Defense When Charged With a DUI or Other Crime

Legal defense is an attempt to avoid criminal or civil liability. Criminal or civil liability can be classified into four major categories namely personal crimes, property crimes, inchoate crimes, and statutory crimes.

  • Personal Crimes– these are the kinds of crime where someone offenses against another person. This usually results in physical or mental harm like:
    • Kidnapping
    • Homicide
    • Assault
    • Battery
    • Sexual assault such as rape, child molestation, and sexual harassment and threats.
  • Property Crimes– these are the kinds of crimes that interferes with other person’s rights to make use or enjoy their property. Some examples are:
    • Arson
    • Embezzlement
    • Forgery
    • False pretense
    • Robbery
    • Larceny
    • Possession of stolen goods
    • Shoplifting
  • Inchoate Crimes– these are the kinds of crimes that have begun, but not completed. These include:
    • Solicitation
    • Conspiracy
    • Attempt
  • Statutory Crimes– these are the kinds of crimes that violates the state or federal statutes. This can result to either property offenses or personal offenses like:
    • Selling alcohol to minor
    • Driving Under the Influence (DUI)
    • Public Intoxication
    • Underage and Boating DUI
    • Open container violations

If you are facing any of these crimes, no matter what level of seriousness it has, it is important to contact or hire a criminal defense attorney. Criminal defense attorneys specialize in the defense of a person or a company who is charged with criminal activities. And he or she will be in charge of:

  • Assessing your case. He or she will be working inside and outside the courtroom and will understand every detail of your case. He or she interviews the state’s witnesses and/or other potentials witnesses and analyzes crime scenes and police reports. After gathering this information, he or she will determine your chances of acquittal or conviction. It is in his or her hands to plan how to best present your case in court.
  • Handling plea-bargaining. After investigating your case, he or she will determine if accepting the deal will not conflict your best interests and if it’s the right thing to do based on the odds of winning or losing your case. Plea-bargaining is an arrangement between the prosecutor and the defendant where the defendant pleads guilty to a lesser charge.

Getting prepared if your case goes to trial. Your lawyer will advise you on what he or she thinks is the best option for your case (whether to accept the deal or to go to trial). However, this will solely depend on your choice and decision. If your case goes to trial, the complication will be based on the involvement of the jury or if a single judge will hear the case. If a jury is involved, through voir dire, it is the role of your lawyer to assess how each of the jurors will feel about you and your charges. He or she will be attempting to make a panel that is sympathetic to you. After this, he or she will be presenting evidence and testimonies to win your case.

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