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DO I NEED A LAWYER?
WHAT IF I AM GUILTY?
HOW MUCH DO
LAWYERS CHARGE?
HOW TO PICK A GOOD LAWYER
If you've been arrested for drunk
driving, don't even think about proceeding without a lawyer. A
person who represents himself or herself in court has a fool for a
client.
IF YOU'RE FACING
JAIL, YOU NEED A LAWYER, EVEN IF YOU'RE GUILTY
- First, even if you
believe that you're guilty, you're still legally
presumed innocent. A good lawyer can evaluate
the strength of the proof against you in ways
that you cannot do yourself.
- Second, a major
issue in every case is whether the police
overstepped their bounds and unlawfully stopped,
arrested, tested and charged you. A good
lawyer will evaluate whether you were treated
properly. If your rights were violated,
there may be no case against you.
- Finally, the help
of a good lawyer is critical in limiting the
damage that an OWI DUI case can have on
your family, your life and your livelihood. A
good lawyer will direct you to the help and
counseling that you may need to rebuild and
restore your life after the damage of alcohol
and an OWI case. Of course a good lawyer
can minimize the penalties such as jail and
revocation.
CHOOSE
A LAWYER EXPERIENCED IN FIGHTING OWI DUI
CASES
There are various
different kinds of lawyers out there, and you will
need to know how to choose. In general, you
will find the following:
- Public defenders
- Discount lawyers
- General
Practitioners
- Extremely
expensive criminal and OWI lawyers
- Board Certified
DUI Defense specialists (also expensive).
Avoid the discount
lawyer. You will get only what you pay
for, and that won’t be much. Discount
lawyers make their money by a handling high volume
of cases or by maintaining unreasonably low office
overhead (no secretary, etc). These lawyers
are not skilled in analyzing and defending cases.
Rather, they are skilled in quickly disposing of
cases by guilty plea, to maintain their profit
margin. Be skeptical of any lawyer who charges
a retainer less than $1500.00 on a first offense,
and $2000.00 on a second offense.
Avoid the general
practitioner, that is, the lawyer who does some
criminal work but also handles real estate, probate,
divorce, wills, etc. Such a lawyer may be
reasonably priced (with fees in the $1500-$2000
range), but will lack the specialized knowledge and
skill necessary to defend a drunk driving case.
This may be true even if the lawyer handles a
significant number of drunk driving cases.
Most likely, few of these cases are fought rather
than plea-bargained. Further, a lawyer who has
a reputation as a fighter tends to be able to
negotiate the better plea bargains, when necessary.
You are far better
off with a public defender (if you qualify for such
representation) than a discount lawyer or a general
practitioner. Although public defenders are
often overworked, they are skilled and dedicated
specialists.
Be very cautious
if you wish to hire the most pre-eminent criminal
defense lawyer you can find. It is true that
with a little research, you will be able to find the
Johnny Cochran, F. Lee Bailey or Barry Scheck of
your city. If you live in a smaller community,
which does not support criminal defense specialists,
it makes sense to go to the nearest large city.
Expect these kinds of lawyers to charges retainers
in the range of $10,000.00 and up, with substantial
additional fees for trial, and more if it is for a
repeat offense with a substantially enhanced
penalty. Be aware, however, that some of
the more famous criminal lawyers may not be
experienced in drunk driving cases, as these are
seen as too minor. So, make sure that you
get a lawyer who understands the intricacies of a
drunk driving case.
Drunk
driving defense is now officially recognized as a
separate specialty from general criminal defense.
The American Bar Association has accredited the
National College For DUI Defense ( www.NCDD.com)
as the organization that may Board Certify
specialists in this field. In Wisconsin, only
an attorney that is certified by an ABA accredited
board may lawfully call himself a specialist. If you
are planning to fight your case, always choose a
lawyer that is active in the NCDD and, if you are
able, choose a board certified NCDD specialist.
NCDD specialists will generally charge retainer fees
in the area of $6500. to $10,000. depending on the
case, with much higher fees for felony cases.
Choose a
lawyer with extensive experience in fighting OWI DUI
cases at jury trial. Be careful, because we
have seen ex-prosecutors claim to have extensive OWI
DUI jury trial experience, which was almost all as a
prosecutor (a fact that they will neglect to
mention). Make sure that the lawyer is
experienced in defending these cases at jury trial.
Always
avoid the low-priced, high volume lawyer.
GET
THE BEST LAWYER THAT YOU CAN AFFORD,
NOT THE CHEAPEST ONE THAT YOU CAN FIND.
An
example of an eminent OWI DUI specialist is
California attorney Lawrence Taylor, who literally
wrote the book on drunk driving defense. His
website www.duicentral.com
is a valuable resource.
You
should also check the national website: www.NCDD.com
.
If you can’t afford
a qualified lawyer, a public defender is a far
better choice than a discount lawyer or a general
practitioner.
You should be able to
schedule a free initial consultation, where the
lawyer should spend between about an one hour with
you discussing your case. The discussion
should include a recitation by you and brief
analysis by the lawyer of the following issues
discussed in my online book, How
To Win A Drunk Driving Case, (although not
necessarily stated in that order or format):
Feel free to call The
Andrew Mishlove Law Offices for a free confidential
case evaluation or referral to a lawyer in your
area. Also, you may wish to start by using our
online case evaluation service. I encourage
you to talk to several lawyers and consider which
one seems best for you.
Click Here For An Online Case Evaluation.
Phone, 24 Hours: (414)332-3499; Toll-Free(877)DUI-DREW
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Providing Wisconsin OWI Defense in:
Adams, Brown, Calumet, Columbia, Dodge, Door, Florence, Fond du Lac, Forest Green Lake, Jefferson, Juneau, Kenosha, Kewaunee, Langlade, Lincoln, Manitowoc, Marathon, Marquette, Marinette, Milwaukee, Oconto, Oneida, Outagamie, Ozaukee, Portage, Racine, Rock, Sauk, Shawano, Sheboygan, Vilas, Walworth, Washington, Waukesha, Waupaca, Waushara, Winnebago and Wood.
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The Andrew Mishlove Law Offices
The Eastlake Towers Corporate Center
4425 North Port Washington Road
Suite 110
Milwaukee, Wisconsin 53212
Phone 24 hours: 414-332-3499
Toll-free
(877) DUI-DREW or (877) 384-3739
Email: andrew@Wisconsin-OWI.com
Helping You Keep
Your License and Your Freedom
FREE WISCONSIN OWI CASE EVALUATION-CLICK!
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