Are you facing charges for driving under the influence (DUI) in Omaha, Nebraska? If so, you are certainly concerned about the outcome of your case. At the same time, you may be wavering on the issue of hiring an attorney to represent you. Well-meaning friends and family members are probably giving you conflicting advice with some insisting an attorney is a waste of money while others argue that you would be a fool to show up in court with an attorney. Ultimately, the decision is yours to make; however, before you make it, consider the following five reasons why you need an Omaha DUI attorney.
- Being represented by an experienced DUI criminal defense attorney can, and usually does, make a difference. At least one person will try and convince you that having an attorney represent you won’t make any difference in the outcome of your case. This simply is not true. An experienced Omaha DUI attorney will make a noticeable difference from the moment he/she is retained by accomplishing things such as getting your bond lowered, challenging the stop, requiring the State to turn over evidence, arranging for independent testing, investigating your case, and being there with you in court – and all of that is in addition to achieving a more favorable outcome for your actual case.
- There are legitimate defenses to a DUI charge, even if you were, indeed, under the influence. The prosecutor must prove you guilty beyond a reasonable doubt. Even if you were under the influence at the time you were arrested, there may be defenses available to you that prevent the prosecutor from meeting his/her burden. Did you consume alcohol right before getting behind the wheel? If so, the Rising Alcohol Level (RAL) defense could prevent a conviction; however, without an experienced attorney, you won’t know if those defenses apply.
- Your lack of familiarity with court rules and procedures could put you at risk. Your choice to forego hiring an attorney will not gain you any leeway with the court. You will still be expected to know and understand court rules and procedures. If you miss a deadline for filing a motion because of your lack of knowledge you could put your entire case at risk. Failing to appear for court because you were unaware of the correct date could land you back in jail.
- If you decide to plead guilty, you need someone with experience to negotiate your plea agreement. Sometimes, a conviction really is inevitable. That does not mean, however, that the sentence is a foregone conclusion. On the contrary, many of the terms of a plea agreement could be negotiable. Only an experienced DUI attorney will know what those terms are and what provisions of your sentence the prosecutor is likely to agree to negotiate.
- The prosecutor knows you cannot represent yourself at a trial which puts you at a significant disadvantage if you decide to proceed pro se (without an attorney). Prosecuting attorneys are overworked and underpaid. The reality is that with most cases, the last thing they want is to go to trial. Consequently, the ability to hold that possibility over the head of a prosecutor affords a defendant considerable negotiating power. If you do not have an attorney though, the prosecutor knows you will not go to trial which, in effect, takes away that power. In addition, if you have a case that really should go to trial, you need an experienced Omaha DUI attorney even more if you want any chance of actually winning the trial.
Contact an Omaha DUI Attorney at Petersen Law Office
If you are currently facing DUI charges in Omaha, Nebraska, and you are deciding whether hiring an attorney is necessary or not, take the time to consult with an experienced Omaha DUI attorney as soon as possible before making your decision. Contact the Omaha DUI defense attorneys at Petersen Law Office 24 hours a day at 402-513-2180 to discuss your case with an experienced defense lawyer.
Attorney Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD vets thousands of lawyers and only chooses those who have achieved stellar results in DUI defense cases. Attorney Petersen was named one of the Top 50 defense attorneys in Nebraska out of more than 5,000.
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