Depending on the specifics of your DUI case and the prosecution’s position, your Memphis DUI attorney may or may not advise you to go to trial. If the prosecution proposes a settlement agreement, there may be a weakness in its case. Either way, the prosecution will not voluntarily expose its position in a drunk driving case. However, a knowledgeable and experienced drunk driving lawyer in Memphis will be able to read the signals given by the prosecution and figure out the strength of the state’s case against you.
How to Approximate the Prosecution’s Position
The first, and easiest, way for your attorney to get a feel of what the prosecution’s position is regarding your case is to simply listen. A good defense attorney knows that if he lends the prosecutor an ear, it is possible that the prosecutor will reveal the state’s position, or at least parts of it.
Another way for your lawyer to determine the prosecution’s case is to actually look at the steps the prosecutor is taking. Most often, a prosecutor who intends to take a DUI case to trial will engage in extensive discovery, demands, and motions. Typically, attorneys do not engage in such extreme level of discovery if they are planning to settle their case.
Lastly, your attorney will gauge the prosecution’s case by attempting to feel out the dynamics surrounding the case. Even small details can make a big difference. For example, if the prosecutor’s recent calendar and case load is very busy, he or she may be overbooked with trials and may be more willing to dismiss or settle your DUI case. On the other hand, a prosecutor looking to build his or her trial statistics will be less likely to settle.
We Can Help
If you have been charged with drunk driving, it is imperative not to plead guilty before consulting with a Memphis DUI attorney. There are many techniques a good attorney can use to build a strong DUI defense. To schedule a complimentary consultation with David Willis, please call The Willis Law Firm at (901) DUI-DAVE.