Monday, October 10, 2011
Just Because You Were Arrested Does Not Mean That You're Guilty
If I take another call this week from someone who tells me they were arrested for Drunk Driving, they think they need a lawyer - but they maybe they should "just plead guilty and get it over with" - I think I am going to lose it.
Don't get me wrong, the choice to roll over or "to fight" is all in the hands of the accused. But, to do so without fully exploring your options is just insane. Now that doesn't mean you need to throw good money after a bad result, but you should seriously consider sitting down with an experienced Minnesota DWI Attorney and learning your options - the good, the bad and the ugly. Just because you've been arrested does not mean that you will always be found guilty. Know your rights before you give up the fight.
One thing too many people assume is that if you "fight" it is only going to get worse. Well, in my experience that is just not true. Rarely does any case get work because someone maintains his or her innocence. Rather, things all to often either stay the same - or (believe it or not) actually get better.
What Should You Do?
Pleas and plea negotiations are a big part of my practice. But, like with anything - there is a time and a place for those things and going into a case expecting to immediately plead to the first available offer is the number one way to end up being punished far more harshly than the law typically allows.
Some of these calls are a direct result of the government's lawyers gone wild. As a former prosecutor, I should know. All to often, a prosecutor is more than willing at the onset to push every case as far as he can, without regard to any individual's circumstances or any facts that could lead to a reduced charge or sentence. It's only as your case gets little more ripe - as it ages - that those things that only looked like minor flaws at the onset become major gaps as your trial approaches.
My clients are continually surprised at the number of good defenses that can be raised to take on a poor charge - be it for Drunk Driving, Assault, Theft - you name it. Therefore, before you give in and plead to a charge, it is always a good idea to talk to an experienced Minnesota Criminal Defense Attorney. In most cases, the only way to take on an our of control prosecutor is to have an aggressive defense attorney on your side - on who has the inside scoop on the government's motivations and schemes.
If you want to talk to a former prosecutor, for free, about your case --- call the Rolloff Law Office today.