Last month, we published an article titled, What Can (and Should) You Expect from Your Philadelphia DUI Lawyer?. In that article, we discussed reasonable expectations in DUI cases, and we covered some of the reasons why it is important to hire an experienced DUI lawyer regardless of the facts of your case.
In this article, we’re focusing on what not to expect during your DUI case.
While there are many ways an experienced DUI lawyer can help you after a drunk driving arrest in Philadelphia, there are certain things that no lawyer can do. Understanding what your lawyer can’t do will be important for ensuring that you have reasonable expectations as well. It will also help ensure that you are able to work effectively with your lawyer throughout your case.
Understanding What a Philadelphia DUI Lawyer Cannot Do During Your Case
Here is what not to expect when you hire an experienced Philadelphia DUI lawyer to represent you:
1. Your DUI Lawyer Cannot Guarantee Your Case Will Be Dismissed
First and foremost, no DUI lawyer can guarantee that he or she will be able to get your case dismissed. Regardless of the facts of your case, if you are facing a DUI charge, there is a chance that you will be convicted in court. Your lawyer cannot force prosecutors to drop your DUI charge, and your lawyer cannot force the judge or jury to render a “Not guilty” verdict at trial.
Instead, your lawyer will use the facts of your case and the legal protections that are available to fight for dismissal by all legal means available. Your lawyer will focus on raising issues with the prosecution’s evidence and poking holes in the prosecution’s case—and your lawyer will do everything within his or her power to prevent prosecutors from proving your guilt beyond a reasonable doubt.
2. Your DUI Lawyer Cannot Guarantee Prosecutors Will Offer a Favorable Plea Deal
Sometimes, instead of fighting a DUI in court, it will make sense to target a plea deal that minimizes the consequences of your arrest. However, while prosecutors will often be willing to negotiate plea deals in DUI cases, your lawyer cannot guarantee that he or she will be able to secure a favorable plea deal on your behalf.
Here too, your lawyer will focus his or her effort on securing a positive result under the circumstances at hand. If you decide that you want to target a plea deal, your lawyer will approach the prosecutor’s office about the possibility of negotiating. If the prosecutor’s office is willing to negotiate, your lawyer will use the available evidence (or lack thereof) to create as much leverage as possible. But, prosecutors don’t have to make a favorable offer; and, in any case, it is ultimately your choice whether to accept any offer that is on the table.
3. Your DUI Lawyer Cannot Force Prosecutors to Disclose Their Evidence
Under Pennsylvania law, prosecutors are required to disclose material evidence upon request prior to trial. While your DUI lawyer can request the evidence you are entitled to obtain, your lawyer cannot guarantee that prosecutors will comply. Whether intentionally or inadvertently, prosecutors will fail to disclose material evidence in some cases. If prosecutors improperly withhold evidence in your case, you could face an unjust conviction, and you may need to continue fighting for justice through the appellate process.
4. Your DUI Lawyer Cannot Withhold Evidence Prosecutors Are Entitled to Obtain
Just as prosecutors have a legal duty to disclose material evidence upon request, defendants may be required to disclose certain forms of evidence prior to trial as well. If you are required to disclose evidence to prosecutors, your lawyer cannot withhold this evidence improperly.
With that said, your lawyer may be able to assert various protections in order to avoid disclosing evidence that could lead to a conviction. These include your Fifth Amendment privilege against self-incrimination and the attorney-client privilege, among others. So, while you cannot expect your lawyer to withhold evidence improperly, you can expect your lawyer to effectively assert all applicable protections on your behalf.
5. Your DUI Lawyer Cannot Lie on Your Behalf
Just as you cannot expect your DUI lawyer to improperly withhold evidence, you cannot expect your lawyer to lie on your behalf. Your lawyer is not required to disclose incriminating information—and your lawyer will fight to keep this information out of court if necessary—but your lawyer cannot misrepresent the facts of your case in plea deal negotiations or in court.
6. Your DUI Lawyer Cannot Put Forward Defenses that Have No Basis in the Facts or the Law
Similarly, your DUI lawyer cannot put forward defenses that have no basis in the facts or the law. While there are several potential defenses to DUI charges in Pennsylvania, your lawyer can only put forward the defenses that are justified under the circumstances of your case. At a minimum, this will involve arguing that the prosecution’s evidence is insufficient to meet its burden of proof, but your lawyer may be able to assert various other defenses as well.
7. Your DUI Lawyer Cannot Handle Your Case Without Your Involvement
Finally, it is important to understand that your DUI lawyer cannot handle your case without your involvement. Your lawyer will need you to provide important information, and your lawyer will need you to make important decisions at various stages of the process. If your lawyer can’t get in touch with you when necessary, this will severely compromise your lawyer’s ability to provide effective legal representation.
Discuss Your Case with Philadelphia DUI Lawyer Brian Fishman in Confidence
Are you facing a DUI in Philadelphia? Do you have questions about hiring a lawyer to represent you? If so, we strongly encourage you to contact us right away. To discuss your case with experienced Philadelphia DUI lawyer Brian Fishman in confidence as soon as possible, call us at 267-758-2228 or tell us how we can reach you online now.
