Have you been arrested for a DUI in Pasco, Pinnellas, Hernando, or Hillsborough County? If so, trips to your mailbox after the arrest involved receiving numerous advertisements from law firms. These law firms pay for a list of people arrested. The letter and any other marketing material you received was already enclosed in envelopes ready to go. All that was needed was a stamp, your name, and your address. The letter you received was likely sent out by an assistant. The law firm sending you that letter has no idea who you actually are nor are they aware of any of the facts concerning your case. The fact you received an advertisement from a law firm doesn’t mean that the firm, or any of the attorneys practicing with that firm, aren’t capable of handling your case. We’re simply seeking to inform you of certain facts concerning how and why you received such correspondence.
Regardless of whether you’re seeking representation in a criminal or civil matter, the decision concerning which attorney you select to represent you is important. Whom you select for representation in a criminal matter arguably has a greater degree of importance as your freedom is at risk.
Ultimately, the practice of law is a service-related industry. You’re paying for the services provided by an attorney in representing you. Which attorney you decide on is a decision that is entirely yours to make. Because you’re relying on the services provided by your attorney and his or her expertise, it’s worth asking certain questions when speaking with attorneys you’re thinking of hiring. As a whole, lawyers have different methods in which they practice, different skill levels, different degrees of both training and experience. The lawyer you hire also has a reputation within his or her legal community. One of the best, but most difficult and least utilized methods, for gaining an enviable reputation is to be appropriately aggressive in representing a client. “Appropriately aggressive,” means actually scheduling motion hearings to test the sufficiency of certain evidence or other matters in representing a defendant. It also means taking a case to trial. Some criminal defense attorneys have gained a reputation for advising their clients to take plea bargains. When it comes to plea bargains, it’s crucial that you understand what we’re communicating and what not communicating in this article. We are NOT suggesting a plea bargain is always worse than proceeding to trial. The plea agreement may indeed be better to accept than proceeding to trial. What we are suggesting is that not all attorneys have the reputation of taking a case to trial. Attorney Brendan Riley gained his reputation as a zealous advocate for his clients through consistently working harder than other criminal defense attorneys.
Before deciding which attorney is best suited to represent you, consider asking the prospective attorney the following questions:
- Do they have experience as a former State prosecutor or Public Defender? Past experience, especially as a public defender, is particularly beneficial to someone charged with a DUI. Such experience provides the attorney with knowledge and understanding of the intricacies within our court system that cannot be gained through any other means. Attorney Brendan Riley has experience as a former public defender.
- How much of their practice involves handling criminal defense matters? Obviously, an attorney who is routinely before Judges in defending those charged with a criminal offense will have more experience and knowledge about how a particular Judge may interpret your case. There’s a saying in the legal community – “it’s better to have a lawyer that knows the Judge than it is to have a lawyer that knows the law.” Attorney Brendan Riley’s past experience and current case load reflect his knowledge in terms of how different Judges may interpret the facts of your case.
- Has the lawyer been successful in the past concerning individuals charged with a DUI? You should feel comfortable asking how the lawyer obtained any favorable results on behalf of their clients charged with a DUI or other criminal offense. How the favorable result came about will reveal how hard that attorney worked in order to obtain such an outcome.
- How familiar is the attorney with current methods for testing someone’s blood alcohol level? Attorney Brendan Riley is well informed on the proper administration of breath tests and other methods used to determine your blood alcohol level (BAL).
- How many criminal cases has the attorney taken to trial or had dismissed in the past 5 years? Keep in mind that the State attorney prosecuting you will be well aware of your attorney’s reputation in regard to taking a case to trial or not, and so should you.
- In keeping with the question asked in paragraph number 5 above, in the previous 5 years, how many Motions to Suppress or other evidentiary hearings has the attorney litigated? If the attorney is not regularly litigating DUI and other criminal defense matters through evidentiary hearings, it may be an indication that he or she does not have the requisite knowledge necessary to obtain the best result for you.
- If you received an advertisement from an attorney, did that advertisement list the price? In addition, consider whether there was any language that made the price listed time sensitive. Meaning, you would only be given that price if you acted within a certain time. This tactic is one we emphatically disapprove of. Why? Because it’s a sophomoric and unscrupulous way of taking advantage of you. If you’ve been charged with a DUI, a common concern is the cost of hiring an attorney. Every case is different, and every case deserves the requisite amount of attention. Quoting a price before knowing anything about the facts is a strong indication that the attorney sending such an advertisement is more concerned about the attorney fee than the facts of your case. Imagine an immediate family member complaining of stomach pains. You take your family member to a doctor. BEFORE conducting any kind of physical exam or reviewing the results from any diagnostic study, the doctor tells you how much you will have to pay to cure your family member. Doesn’t make much sense does it? It doesn’t make much sense for attorneys to do so either.
Consultations with our office are free. Please visit our website at www.bettercallbrendan.com or call us at 727-312-3748. We look forward to hearing from you.