Archive for category Hiring a Tennessee DUI Attorney
Are Reductions Routine in 1st Offense DUI Cases?
Posted by Sara Compher-Rice in DUI First Offense Penalties, Frequently Asked Questions, Hiring a Tennessee DUI Attorney, Tennessee DUI Penalties on April 13th, 2010
Most new clients we meet have the incorrect preconceived notion that as long as they have never been in trouble before (no convictions, no traffic tickets, etc.), the State will simply agree to reduce the pending DUI 1st Offense to something such as a Reckless Driving. In reality, a person’s prior criminal history, or lack thereof, is seldom relevant to the case unless the person is convicted and facing sentencing.
Over the past several decades, the trend in our society has been toward harsher penalties and more conservative laws for driving under the influence. A recent story in the ABA Journal highlights one reason that prosecutors are hesitant to be lenient on the punishment for DUI offenders. DUI prosecutors often state that they cannot reduce a DUI, even if just a first offense, because the defendant may then go out and repeat the behavior of driving while impaired, endangering the lives the community. This exact scenario, as reported by the ABA Journal, recently played out in Maryland. However, rather than striking and injuring a citizen at large, the defendant in question struck and injured a retired Maryland County Judge and his wife. The same Judge had previously shown leniency to the defendant, suspending his DUI sentence (meaning he did not have serve any time in jail).
Accounts such as these provide prosecutors, state legislators and private organizations (such as MADD) with the ammunition needed to justify the “no tolerance” trend toward DUI offenders. Unfortunately, although each Driving Under the Influence case is quite unique and bears individual scrutiny to determine whether a reduction is appropriate, many jurisdictions are pushing for convictions in all cases under the assumption that the defendant will re-offend.
This trend only highlights the importance of selecting a qualified attorney to handle your DUI case. Never assume that you can handle the case yourself or hire the cheapest lawyer you can find because you are assured a reduced charge due to your clean record. Do your homework and hire the very best DUI defense attorney that you can afford. For more information on how to select a Tennessee DUI attorney, click here. For information about a Tennessee DUI charge, you may contact Steve Oberman or Sara Compher-Rice at (865) 249-7200.
DUI Charge Reduced to Reckless Driving
Posted by Steve Oberman in Court Procedures, Frequently Asked Questions, Hiring a Tennessee DUI Attorney, Tennessee DUI Consequences, Tennessee DUI Penalties on November 18th, 2009
We are often asked by clients charged with the offense of Driving Under the Influence of an Intoxicant (DUI, DWI, OWI) about cases where others have had a DUI offense amended to the offense of Reckless Driving by plea agreement. A plea agreement in theory means that the defendant pleads guilty or complies with some other requirements such as payment of a fine or court costs, performance of volunteer community work, etc., in return for an agreed upon disposition.
Most plea agreements are compromise dispositions to avoid the uncertainty and expense of a hearing and/or trial. Any plea agreement must be approved by the presiding judge to be certain the plea agreement is justified by the facts as applied to the law. If not, the judge may reject the plea agreement. Some of the factors reviewed by a prosecutor (in no particular order) include the:
- Facts of the case surrounding the arrest;
- Nature of the offense involved;
- Anticipated credibility of the prosecution witness(es);
- Anticipated credibility of the defense witness(es); and
- Skill level of the defense attorney.
Accordingly, where the facts justify an amendment from the offense of DUI to the offense of Reckless Driving, a plea agreement is reached between the parties to conclude the case in that fashion. Agreements may range from a set punishment on a plea by the defendant to the offense charged, to the prosecution dropping the case entirely.
Readers of this blog should understand that the only reason cases are amended is when the prosecution believes it has a reasonable chance of losing the case. Obviously, the more the prosecution believes it will lose the case, the better the plea agreement that will be offered to the defendant. The prosecution does not want to waste time or effort attempting to convict somebody when the chances of doing so are minimal. Plea agreements are not made on the basis of other factors such as relationships or friendships between the officers, lawyers or judges. Accordingly, a defendant should be wary of hiring a DUI attorney who makes such promises.
Tips for Selecting and Working with a DUI Lawyer
Posted by Sara Compher-Rice in Frequently Asked Questions, Hiring a Tennessee DUI Attorney, Uncategorized on August 17th, 2009
Unfortunately most people charged with a Tennessee DUI offense do not realize that the selection of his or her lawyer can be life-altering decision. Many people charged with a DUI in Tennessee find themselves in the midst of the criminal justice system for the first time in their lives. The experience is often overwhelming and terrifying. The worst thing a person can do is hire an attorney at random to handle a driving under the influence case. Steve Oberman and I often advise potential clients to not rely solely on the biggest yellow page ad or a billboard advertisement. Your decision should be based upon careful research and reflection.
On the August 16th show of “Let’s Talk Law with Steve Oberman and Sara Compher-Rice,” we were fortunate to have two guests to discuss this issue and answer questions from our listeners on the topic of Selecting and Working with a Lawyer. Attorneys Tom Scott and Mark Britton, for providing our listeners invaluable information relating to selecting and working with a lawyer.
Tom Scott is currently serving as the Chair of the Tennessee Board of Professional Responsibility (BPR). Tom provided us with information on the role of the Tennessee BPR and explained how the BPR fields and processes complaints of clients against lawyers. We also learned that the general public can visit the BPR website to search for any disciplinary action taken against attorneys. For more information on the Tennessee Board of Professional Responsibility and the Board can assist you, visit http://www.tbpr.org/ or call 800-486-5714.
Mark Britton is the CEO and founder of Avvo. Avvo.com is a resource for consumers to use when researching potential attorneys. Unlike other lawyer rating services, Avvo provides both positive and negative feedback on attorneys. For instance, Avvo works with the Tennessee Board of Professional Responsibility to inform clients of any disciplinary action taken against a lawyer.
The decision of which attorney to hire is often one of the most crucial decisions a person will make in his or her life. Tom and Mark have provided an excellent starting point for the potentially life-altering lawyer search. Once you have completed your initial research, you should follow up by asking those you know and trust (friends, family, neighbors, other lawyers and professionals) for recommendations. Finally, take time to meet with the potential lawyer to assess his or her skill level, attentiveness and professionalism. You may also visit our website for examples of questions to ask during your interview.
How to Research Your Potential Tennessee DUI Lawyer
Posted by Sara Compher-Rice in Hiring a Tennessee DUI Attorney, Uncategorized on March 31st, 2009
When choosing a Tennessee attorney to handle your DUI charge, you should be certain to research your potential lawyer. Because of the serious consequences associated with a Tennessee DUI conviction, which attorney you hire is one of the most important decisions you make. In addition to the considerations discussed in our previous post, Eeny, Meeny, Miney, Mo - Hiring a TN DUI Attorney, you should consult the following resources:
- Visit the Tennessee Board of Professional Responsibility website to search for the attorney. The Tennessee Board of Professional Responsibility governs the licensing of Tennessee attorneys. The website will provide information on whether the attorney is in good standing (able to practice law in Tennessee) and whether the attorney has ever been disciplined (e.g. suspended from the practice of law).
- Determine if the Tennessee lawyer or someone in the firm is certified as a specialist in the area of DUI Defense. Such information can be obtained from the website of the Tennessee Commission on Continuing Legal Education and Specialization.
- Determine if the attorney has been rated by Martindale-HubbellTM and if his rating (or that of the law firm) is an “AV.” The “AV” rating represents an attorney who has legal abilities that are “very high to preeminent” (A) and whose ethical standards rate “very high” (V).
- Consult Avvo.com for additional information on the lawyer. Avvo provides a rating system for attorneys and was designed to assist consumers in selecting a lawyer. The benefit of Avvo is that you can review endorsements of the potential attorney from his or her peers, as well as read reviews from actual prior clients of the attorney.
- Finally, you should visit the attorney’s website. Review the site the attorney’s biography and resume, as well as information pertaining to Tennessee DUI law.
- Don’t overlook contacting your friends, family, police officers and court personnel known to you or your friends, your employer, and other attorneys who specialize in other areas of law to obtain a short list of lawyers with excellent reputations.
How Important Is Your Tennessee DUI Case?
Posted by Sara Compher-Rice in Hiring a Tennessee DUI Attorney on March 1st, 2009
A successful result to your DUI charge requires a high level of commitment on the part of both you and your lawyer. Before hiring a DUI lawyer, you should take a moment to seriously consider some important questions.
How important is your Tennessee DUI Case to you? Are you prepared to:
- Spend 1 ½ to 2 hours during the initial meeting with your lawyer?
- Communicate and meet with your lawyer frequently and assist him or her in the preparation of your case?
- Assist your lawyer in the investigation of your case by meeting with an investigator; obtaining relevant medical records; answering a detailed questionnaire?
- Meet with your attorney at his or her officer early on the morning of each court appearance so that you may know what to expect and be prepared for your court appearance?
How important is your Tennessee DUI Case to your potential lawyer? Is he or she prepared, at a minimum, to:
- Devote 1 ½ to 2 hours for the initial interview?
- Explain the court procedures to you in detail?
- Educate you on the elements of a Tennessee Driving Under the Influence Charge?
- Provide you with detailed information about the penalties associated with a Tennessee DUI?
- Attend DUI defense seminars to stay up to date on the legal and scientific developments available in defending your DUI case?
- Become so intimate with the laws relating to the crime of DUI and the necessary trial skills that he or she is asked to teach other lawyers, judges and police officers about DUI laws?
- Be readily available to answer your questions and concerns?
- Devote hours to the investigation and preparation of your Tennessee DUI case?
If you can answer “yes” to all of your questions, be certain the Tennessee DUI lawyer you hire can answer affirmatively to the lawyer questions posed above. Only then can you be assured that you have the best chance of obtaining a successful result.
A Flood of Mail Following Tennessee DUI Arrest
Posted by Sara Compher-Rice in Hiring a Tennessee DUI Attorney, Uncategorized on January 7th, 2009
A common complaint heard from clients is that after their DUI arrest in Knoxville, TN, they receive a barrage of solicitation mail from Knoxville attorneys. Most of our clients are upset by this solicitation and feel their privacy has been violated.
A DUI arrest itself is stressful and embarrassing enough without the added strain of having mention of the arrest publicized to others in your household. In fact, many people with Tennessee DUI arrests wish to protect their loved ones from the anxiety and shame associated with a DUI arrest. Such a task is difficult to accomplish when a parent, spouse or loved one first learns of the arrest through attorney letters discussing the incident.
Many ask — is this legal? Unfortunately, the answer is yes. The Tennessee Rule of Professional Conduct (ethical rules) do not prohibit an attorney from sending correspondence to individuals with pending criminal cases, though certain restrictions are placed on such communication. Unfortunately, the records relating to your DUI arrest are public record, so there is no way to prevent receipt of these letters.
Should you decide to hire a DUI lawyer in Knoxville, Tennessee based upon a solicitation you received from the lawyer in the mail, be careful not to rely solely upon the information contained in this communication when making your choice. Click here to see our post discussing the factors you should consider when choosing a Tennessee DUI attorney.
Eeny, Meeny, Miney, Mo — Hiring a TN DUI Attorney
Posted by Sara Compher-Rice in Hiring a Tennessee DUI Attorney on January 6th, 2009
Hiring a Knoxville, TN DUI Attorney (or a Tennessee DUI lawyer in the jurisdiction in which you were arrested) is one of the most important decisions you will make and should not be taken lightly. Our office receives several calls a month from DUI defendants who previously hired other lawyers and are unhappy with their representation. Some now want their conviction overturned, while others wish to fire their current Tennessee DUI lawyer for various reasons. Keep in mind that it is very difficult to overturn a conviction. Furthermore, because our firm finds greater success when our investigation and analysis of the case begins within the first week after arrest, we are reluctant to take a case after another lawyer has been retained.
When choosing a Tennessee attorney to handle your DUI case, you should consider many factors including, but not limited to, the following:
- Is the majority of the lawyer’s practice devoted to defending DUI cases? If so, for how long has the attorney’s practice focused on DUI defense?
- Did he or she graduate from an ABA accredited law school?
- Is the attorney in good standing with the State Bar or have any complaints been filed against him?
- Is the lawyer certified as a DUI Defense Specialist by the NCDD and the Tennessee Commission on CLE & Specialization?
- What is the attorney’s Martindale-Hubbell™ rating? Is it “AV”(very high to preeminent)?
- Does the lawyer have a “superb” Avvo rating?
- Has the lawyer frequently lectured to his or her peers on topics relating to DUI Defense?
- Has the attorney published any books or articles on DUI defense?
You should feel comfortable with the DUI attorney you choose and have confidence in his or her ability to provide you with a zealous defense to your case. We encourage you to personally interview a lawyer before making your decision and to hire the very best lawyer available. You typically only get one chance to present a defense to your Tennessee DUI case. A DUI charge may place your freedom, your job, your reputation and your future in jeopardy. Accordingly, the decision of which DUI lawyer you hire is extremely important.
When should I hire a Tennessee DUI attorney?
Posted by Sara Compher-Rice in Hiring a Tennessee DUI Attorney on January 5th, 2009
“How soon after my arrest should I hire a Tennessee DUI attorney?” This is a common question following an arrest for the offense of Driving Under the Influence. The answer is simple–you should consult with a DUI lawyer as soon as possible after your DUI arrest.
“The arraignment for my DUI charge is a month away. Why do I need to hire a Tennessee DUI lawyer before my arraignment?” If you wait to hire a DUI lawyer, you take the risk of losing evidence that may be critical to the defense of your Tennessee DUI case. To properly preserve the defenses in your case, a Tennessee DUI lawyer must conduct a thorough interview of you as soon as possible after your arrest. Additionally, one main purpose of an arraignment in Tennessee is to set a new court date for a preliminary hearing of your case in General Sessions Court. Accordingly, the presence of your attorney at the arraignment is important to ensure that your attorney is available for your General Sessions court date.