Contrary to what some may tell you, every drunk driving case is different. Indeed, every case has its strengths and weaknesses, but the strategy surrounding the defense of drunk driving cases can be the same. Essentially, it is helpful to gather as much information at the outset to find out if the case will actually go to trial. Defense attorneys know that a case is more likely to be settled if the prosecutor does not think that the case will be successful at trial.
As such, this post will highlight the clues defense lawyers look for in evaluating a case.
The amount of discovery – Prosecutors generally won’t put the same amount of effort into discovery with a case they don’t believe will be successful at trial. So if there is very little discovery requested or given to the defense, chances are that the case may not make it to trial.
The prosecutor’s tone at the outset – Prosecutors who insist that their first offer it is their final offer may have a strong case. Indeed, there may be some gamesmanship involved, but a prosecutor who truly believes in his or her case will take a strong stance at the outset.
Pre-trial tones – Prosecutors who maintain a hard line at pretrial, is generally very confident about his or her position. If there is a more conciliatory tone where there are statements about the “potential” harm to a defendant in the future, chances are that there is room for negotiation and settlement.
If you have additional questions about the strength of your case and what your legal options are, an experienced criminal defense attorney can help.