You may see many advertisements for aggressive criminal defense or aggressive DUI defense. What does that mean? You may imagine a doberman pincher dog with his white teeth growling ready to take off a limb. No that is not aggressive defense. Either is yelling and screaming and pumping up your chest when negotiating with the prosecution. So what is “aggressive” criminal defense?
Aggressive criminal defense or aggressive DUI defense means fighting the charge. Not just showing up and pleading guilty. Aggressive criminal defense or DUI defense means challenging the evidence. Making the Prosecution prove the case beyond a reasonable doubt. You may ask how does that happen? Aggressive defense happens by careful analysis of the case and finding avenues to challenge the evidence. Starting with the police contact, the evidence observed by the police, the evidence obtained by the police, the interpretation of the evidence, the fact witnesses, and finally the defendant. In some cases it may be necessary to hire experts to find the answers to interpret the evidence and offer different conclusions. Sometimes experts won’t help your case An experienced criminal defense or DUI attorney should know when to use an expert?
The use of experts: In driving under the influence cases, experts can help in interpreting the blood or breath alcohol results by discounting the weight it should carry due to errors in obtaining the evidence. Experts can help explain medical explanations for the results and experts can scrutinize the police conduct in the stop of the defendant and subsequent field sobriety tests. The use of experts is sometimes necessary to show the breath machine wasn’t working or the paramedic made errors in obtaining blood evidence. In cases where there are accidents, the use of an expert can show the jury where the officers made errors in the investigation which may help in some way. In all criminal defense cases, an investigator may be necessary to interview witnesses and find errors in the police work.
Challenging the evidence: Besides using experts to challenge the evidence, aggressive defense means making the prosecution prove the case to a jury. In the process of proving the case, the filing of motions to challenge the police conduct is very importation. A motions hearing is a great opportunity to make the police officers explain to the Judge why they contacted the defendant and what skills they used to determine the defendant should be arrested. The motions hearing gives the attorney the chance to cross examine the officers and obtain a sneak preview of the evidence before the evidence is presented to a jury. Scrutinizing the training and experience of the officer is a nice way to show the Judge and eventually a jury that the officers subjected belief was wrong or based on poor training. Just making the prosecution go through the process of a motions hearing makes them work harder. Sometimes a case can be won at motions if a Judge finds the officer had no reasonable suspicion or probable cause to contact or arrest the defendant. Other issues are addressed at motions like trying to prevent a statement made to the police by the defendant from being heard by the jury.
Jury trial: The next step to an aggressive defense is the jury trial. After battling the prosecution at a motions hearing and retaining experts to consult on matters, the jury trial is the final stage to present your defense to a jury. The aggressive DUI or criminal defense will often times resolve a case by the time of the trial. The fighting tooth and nail of every issue will show the prosecution that you are up for the fight and sometimes a strong case will look a lot weaker after being scrutinized by experts and he officers credentials are challenged.
Remember as a defendant you are presumed innocent. In DUI cases, there are many areas to challenge and the use of experts and filing motions challenging the officers conduct is important in achieving the best possible outcome. Sometimes it is very worth the effort! I always tell my clients, good things happen when preparing to take a case to trial. Aggressive defense is the method of challenging the evidence and making the prosecutor prove the case against the defendant. Many times it leads to a better outcome.