I can usually get a very good idea about where the case would be likely to go after the free consultation so I can tell clients whether I thought they needed to start saving up for the possibility of going to trial or whether it was likely to end pre trial.
People who come to see me are scared and a lot of them do not know how the system works. They do not need to feel threatened they do not need to feel that I am using scare tactics on them. I am honest with them and I tell them what I can about how the system works, what charges they were looking at and the realities of the sentencing range.
A lot of attorneys out there focus on the maximum sentence if the client had been charged with a misdemeanor offense so the person would get 6 months of jail. They tell the person to better hire them right away, whereas the reality is that it is very rare for someone to get a maximum sentence.
People do not need to feel threatened or scared after being arrested for a DUI. Unfortunately, there are a lot of lawyers out there who do use these scare tactics, especially on the legal and illegal immigrant community. They tell the person they would be deported or they might lose their ability to stay in this country if they did not hire that attorney right then. It is a horrible system and I hear a lot of these kinds of stories from people who come to visit me after visiting those lawyers.
I do not necessarily consider myself an aggressive attorney because I think it is better to be smart and know what I am doing as oppose to just being a bull dog and yelling, screaming and threatening, even prosecutors. I try to be very nice to the prosecutors and officers at trials or at hearings unless they do something to make me angry like lying.
Changing someone from a nice, polite and respectful person into someone who gets angrier when the officer says something that is inappropriate, probably has more value in front of the judge and the jury than simply going in there and being aggressive the entire time.
I try to establish credibility with the judge and the jury, so if I am wrong, I will tell the judge and the jury that I am wrong. If it is obvious that my client was the driver then I would tell the judge and the jury that my client was the driver.
I am not one to do the shotgun approach of denying everything and then hoping something works. I am more of a person who does the sniper rifle approach. If my client was driving, I will tell you he was driving, if he was drinking, I will tell you he was drinking and if he was not impaired or I had issues with the blood alcohol content then that would become my argument.
I do not need to argue against everything for my client to be found not guilty and I would just need to lay out to the jury in an honest and credible way what the issues are in the case and why the jury should find my client not guilty. I try to do the same during the plea negotiations with the prosecutor.
I do not need to try and mislead them because I can specifically indicate the legal issue in the case and then point out the law that supports my legal issue. I would present the plea agreement which I felt was appropriate.
At this point of my career, I would hope that I have the credibility with the prosecutors that they know when I am asking for something that there would be a reason for it and that I do not ask for the minimum sentence on the lowest charge possible on every case. I would ask for what I felt was appropriate and if they did not give me what I felt was appropriate, then that would be where the more aggressive side would come out. They know that I would simply take them to trial.
Practicing as an attorney the smart way would be better than being the aggressive bull dog who no one would take seriously, although clients tend to like that aggressive bull dog because they think that the attorney is really fighting for them, where as in reality the attorney would just be putting on a show for the client and they would not be helping the client in any way.
How Does Taking The Softer Approach With The Judge, Help The Case?
I think it helps because I can talk with the prosecutor and they are not turned off. I can talk with the judges and be friendly with everyone unless they give me a reason not to be. There is no reason for attorneys to treat the prosecutors and the judges poorly simply to put on a show for their client because that does not help that client and it does not help the future client.
For more information on Attorney Brian Sloan And DUI Defense, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling 480-900-0384 today.