Hiring a Lawyer
I get asked by well meaning, naive accused citizens why they should consider hiring an attorney. Some marketing advisers tell attorneys to use big words, impress the potential client and make them think you are really knowledgeable in the area so they will hire you. I always thought it was more important to do good work and do the best for your client rather than impress them. Several of these accused citizens get sucked into the "saving money" game. This is a shell game where a naive client thinks that the attorney that he hired for $300 is really going to help him. In the end a plea deal is worked out and the client, while not dissatisfied, is not really sure that he did the best thing by taking that quick plea. Usually, they call me for the appeal, but unfortunately in Texas, as part of any plea agreement the defendant is asked to waive his right to appeal. And that means exactly what it says. You have waived your appeal.
So why does a person think they are really getting something for nothing? The top notch DWI attorneys spend years perfecting their work. They are accomplished trial attorneys that know the law, science and police procedures so extensively that most can very quickly assess the actual case and possibility of fighting the charge and can effectively exploit every weakness in the prosecution's case. So why should you pay for a highly skilled, trial lawyer that is considerably more expensive than the person who will guarantee your rights are protected for $300? Because you really won't learn the full cost of that plea until after the ink is dry and it's too late to do anything about it.
You will be found guilty 100% of the time with a plea. Unless you have a lawyer that is used to fighting the government and is willing to invest the time and effort into truly examining your case and assessing the strengths and weaknesses of the government's case, you will never know if you have a valid defense. A trial lawyer is the only one that can really help.
A plea should be a last resort and is only used in my practice if I feel I cannot get a better deal by going to trial. Even when you lose, if you can get a better deal from the judge or jury by going to trial, then take the case to trial. There have been several times that I have been in trial and seen the government's lawyer make a mistake that enabled us to win the case. But, had we pled out, we never would have had the chance.
A trial lawyer is not cheap. It takes years of training and experience to learn and master everything necessary to defend a DWI case. They are without a doubt the most scientifically and evidentiary complicated cases. I have tried capital murders and murders that were less difficult to try than a blood case DWI.
So ask questions when hiring or interviewing your potential lawyer. How many cases have they taken to trial, how many have they won, how many did they beat the offer and are they prepared to represent you through to a complicated trial? Not all lawyers are the same and you'll soon find that out when asking tough questions.
I love it when clients ask those questions to me because it affords me the opportunity to talk to someone that understands the value of quality, top notch legal representation.











