jeudi 25 septembre 2014
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A Charlotte DWI Attorney Explains How To Prepare For A DWI Court Date:
"What can I do to help prepare for my court date?" This is a common question my clients ask after our initial consultation. There are many steps you can take to prepare for your court date that will help mitigate your sentencing. The purpose of this preparation is to create evidence the demonstrates to the judge that you are not going to be a repeat DWI offender, and that you have control over alcohol. You will have plenty of time after the time you are charged and before your first court date to work your way through the list of recommendations in tis article. Preparation is important.
The worst-case scenario in any criminal context would involve a conviction on the charge (whether by plea or trial). After conviction, there is a sentencing hearing where I will have the opportunity to present evidence about your life prior to the arrest and the steps you have taken since the charge to insure it won't happen again. The judge conducting the sentencing hearing is looking to hear evidence that suggests that you are not going to be charged with a second (or subsequent) DWI.
Here are just a few things I typically recommend my clients do before their court date to show the judge that they are taking the charge seriously and will not be back in court in the future (additional or less items may be required based on your particular circumstances):
Have an alcohol assessment completed by a professional. The assessment will tell the court completing an alcohol assessment completed prior to your court date is a "mitigating factor" at sentencing. In other words, courts are required to give weight to your sentencing if you have completed an alcohol assessment. Obtaining an alcohol assessment is an easy and vital step to take prior to your sentencing hearing. Speak to an attorney or an alcohol assessment agency for more information.
Follow through with the recommended classes outlined in your assessment. If recommended, follow through with any classes that your assessment recommends. A judge will require you to complete these classes after sentencing anyway, so this will show your initiative in completing this step prior to a judge forcing you to.
Perform community service at a local non-profit organization. For a list of suggestions on where to perform community service see the attached. Performing community service shows that you are an active contributing member in society, and that you are taking your charge seriously.
Attend AA meetings if you have any alcohol dependency. This is practically a requirement if you are going to court on a second DWI charge. It's also important if your alcohol assessment shows some form of alcohol dependency. You can also get an AA sponsor to write a letter to the court outlining your commitment to AA classes and being sober.
Have a period of sobriety prior to your court date. While you could show this by using a continuous alcohol monitoring device, just stating that you have not been drinking since the charge, or for some period of time, helps demonstrate to the judge that you have control over alcohol.
Obtain a letter from your insurance company stating that all personal injury or property damage claims related to an accident have been paid. It would be best to discuss whether to submit this at Court with an attorney, but it is always wise to get an insurance letter with a claims status whenever there is an accident. Obviously, this only applies if your DWI charge was also related to an accident.
Talk to a lawyer. Criminal Defense Lawyers almost always offer free consultations for potential clients. Even if you do not hire an attorney and choose to represent yourself, at least speak a lawyer so that you know how they would approach your case.
The worst-case scenario in any criminal context would involve a conviction on the charge (whether by plea or trial). After conviction, there is a sentencing hearing where I will have the opportunity to present evidence about your life prior to the arrest and the steps you have taken since the charge to insure it won't happen again. The judge conducting the sentencing hearing is looking to hear evidence that suggests that you are not going to be charged with a second (or subsequent) DWI.
Here are just a few things I typically recommend my clients do before their court date to show the judge that they are taking the charge seriously and will not be back in court in the future (additional or less items may be required based on your particular circumstances):
Have an alcohol assessment completed by a professional. The assessment will tell the court completing an alcohol assessment completed prior to your court date is a "mitigating factor" at sentencing. In other words, courts are required to give weight to your sentencing if you have completed an alcohol assessment. Obtaining an alcohol assessment is an easy and vital step to take prior to your sentencing hearing. Speak to an attorney or an alcohol assessment agency for more information.
Follow through with the recommended classes outlined in your assessment. If recommended, follow through with any classes that your assessment recommends. A judge will require you to complete these classes after sentencing anyway, so this will show your initiative in completing this step prior to a judge forcing you to.
Perform community service at a local non-profit organization. For a list of suggestions on where to perform community service see the attached. Performing community service shows that you are an active contributing member in society, and that you are taking your charge seriously.
Attend AA meetings if you have any alcohol dependency. This is practically a requirement if you are going to court on a second DWI charge. It's also important if your alcohol assessment shows some form of alcohol dependency. You can also get an AA sponsor to write a letter to the court outlining your commitment to AA classes and being sober.
Have a period of sobriety prior to your court date. While you could show this by using a continuous alcohol monitoring device, just stating that you have not been drinking since the charge, or for some period of time, helps demonstrate to the judge that you have control over alcohol.
Obtain a letter from your insurance company stating that all personal injury or property damage claims related to an accident have been paid. It would be best to discuss whether to submit this at Court with an attorney, but it is always wise to get an insurance letter with a claims status whenever there is an accident. Obviously, this only applies if your DWI charge was also related to an accident.
Talk to a lawyer. Criminal Defense Lawyers almost always offer free consultations for potential clients. Even if you do not hire an attorney and choose to represent yourself, at least speak a lawyer so that you know how they would approach your case.
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Want to find out more about Charlotte DWI Attorney, then visit Minick Law Firm's website on how to choose the best DWI Attorney for your needs.
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