How do I find the right attorney to represent me?
 
• The charging of a criminal offense triggers certain time limits for the filing of various pleas, motions, demands, and appeals. If you have waited past these time limits, you will have waived your rights to various defense opportunities. The right to a trial by a jury must be filed in writing with the court or you will waive your right to have a jury trial. Even though you may think that you don’t want to have a jury trial in the beginning, you would be wise to preserve that right. Your request for occupational privileges and appeal of the Administrative License Suspension is required to be filed within 5 days. Cases say that when that time has run, your right to appeal is gone. Then you will have to pay a reinstatement fee to the Bureau of Motor Vehicles (which is presently $425) and obtain a new plastic license. So, the time to hire an attorney is before you go to court the first time. This is so that you can have the correct motions and pleas entered for and on your behalf and to secure all your rights early on in the case. There are also “speedy trial” statutes that require the state to try your case within a certain time period. Going to court without an attorney may result in you waiving the speedy trial requirements (another defense opportunity).

• If you have any hopes of reducing your exposure to all the sanctions of a DUI charge, you can only do that with a well-trained and experienced DUI defense attorney. Although you may call the attorney that did your will or real estate closing for a referral to an experienced DUI attorney, most general practice lawyers either stay away from defending DUI cases or simply plead their clients guilty without conducting a thorough and comprehensive investigation and researching the current law on issues in each case. The best way to find a good DUI lawyer is by his reputation with people who are in a position to know. Ask other attorneys whom they would use if they were charged with DUI.

• Don’t just take the first name given; ask for three names from each source. Find out if the attorney is trained in the breath testing machine and in field sobriety testing. Ask whether the attorney has had cases in the court of appeals on DUI issues. If you do not know any attorneys, go to the courthouse and ask people like bailiffs, clerks, and judges whom they would recommend and; again, get three names. Call the Ohio Association of Criminal Defense Lawyers for an attorney referral (Susan Carr, Executive Director 1-800-443-2626). Or check with the National College for DUI Defense web page.

• Check the web pages of the individual attorney for his training and seminars attended. Of course, we feel that we are most qualified and can help in this area; and we invite you to fill out our case evaluation questionnaire for a free evaluation of your case. Or just call and talk to us (1-937-224-0039) about your case.

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Larry J Denny