Last month, we published an article titled, What Can (and Should) You Expect from Your Rock Hill DUI Lawyer? In that article, we discussed all of the ways an experienced DUI lawyer can help you when you are facing a drunk driving charge under South Carolina law.
When you are facing a drunk driving charge, it is important to have reasonable expectations—and this means that you need to know what not to expect from your DUI lawyer as well. So, what shouldn’t you expect from your Rock Hill DUI lawyer? Here’s what you need to know:
Your Lawyer Can’t Guarantee Prosecutors Will Negotiate a Plea Deal
In some cases, the best option for resolving a DUI charge without unnecessary consequences will be to negotiate a plea deal. If prosecutors have the evidence they need to convict you (and you aren’t eligible for pre-trial diversion), negotiating a deal that reduces your charge to a “wet reckless” won’t allow you to avoid consequences entirely, but it will allow you to avoid many of the life-altering consequences that come with a DUI conviction.
With that said, your lawyer cannot guarantee that prosecutors will negotiate a plea deal. While prosecutors will be willing to negotiate in many cases, your lawyer cannot force them to negotiate if they aren’t interested in doing so.
What Your Lawyer Can Do: Present a Compelling Case for a Favorable Plea Bargain
So, what can your lawyer do? Your lawyer can present a compelling case for a favorable plea bargain on your behalf. By showing prosecutors why it is in their best interests to negotiate, your lawyer can target a plea bargain that will (hopefully) allow you to move on.
Your Lawyer Can’t Guarantee Your DUI Will Be Dismissed in Court
Just as your lawyer can’t force prosecutors to negotiate, your lawyer also can’t force the judge or jury to issue a “Not guilty” verdict in court. As a result, your lawyer can’t guarantee that your DUI will be dismissed. No reputable lawyer will guarantee success in your DUI case—because there are simply too many factors that are beyond your lawyer’s control.
What Your Lawyer Can Do: Expose Flaws in the Prosecution’s Case Against You
So, what can your lawyer do? If going to court is your best option, your lawyer can use the available evidence (or lack thereof) to expose flaws in the prosecution’s case. Since the prosecution has the burden of proof, if there are issues with the sufficiency, reliability, or admissibility of the prosecution’s evidence, these are all issues that could potentially lead to a favorable result at trial.
Your Lawyer Can’t Say Things That Aren’t True
Whether negotiating with prosecutors or representing you in court, your lawyer can’t say things that aren’t true. If you were drinking, your lawyer can’t falsely state that you weren’t. Likewise, your lawyer cannot falsely accuse the police of violating your constitutional rights. Lawyers owe stringent ethical duties to the court—and, if they violate these duties, they can put their legal license (and their career) in jeopardy.
What Your Lawyer Can Do: Protect Your Rights and Force Prosecutors to Meet Their Burden of Proof
So, what can your lawyer do? While your lawyer can’t lie for you, your lawyer can help you fight to keep any incriminating information out of court. Your lawyer can help you assert your privilege against self-incrimination, and your lawyer can force prosecutors to meet their burden of proof. If prosecutors can’t meet their burden of proof, you are entitled to a “Not guilty” verdict regardless of the facts at hand.
Your Lawyer Can’t Assert Unfounded Defenses
When representing their clients in court, lawyers also have an ethical duty to only assert defenses that are supported by the relevant facts and the relevant law. As a result, while there are several potential defenses to DUI charges in South Carolina, your lawyer can only assert the defenses that are supported by the specific circumstances of your case.
What Your Lawyer Can Do: Assert All Viable Defenses Under the Circumstances at Hand
So, what can your lawyer do? Your lawyer can assert all viable defenses under the circumstances at hand. Suppose there are issues with your traffic stop, your breath test results, your field sobriety test results, your confession, or anything else that prosecutors intend to use against you in court. In that case, your lawyer can raise these issues with the aim of demonstrating that prosecutors can’t meet their burden of proof.
Your Lawyer Can’t Help You if You Don’t Help Yourself
While you can—and should—rely on an experienced DUI lawyer to fight your drunk driving charge, you cannot simply leave it up to your lawyer to fight your drunk driving case in court. Simply put, your lawyer can’t help you if you don’t help yourself. From determining what defenses you have available to navigating the pre-trial diversion process (if this is an option in your case), you will play a key role in the process of protecting your future.
What Your Lawyer Can Do: Advise and Represent You Every Step of the Way
So, what can your lawyer do? Your lawyer can advise and represent you every step of the way. Your lawyer can help you make informed decisions about all aspects of your DUI case, and your lawyer can communicate with prosecutors, the judge, and the jury on your behalf as necessary. Ultimately, your lawyer—with your involvement—can use his or her experience to help maximize your chances of avoiding unnecessary consequences.
Facing a DUI in Rock Hill, SC? Contact Us for a Free Initial Consultation Today
Do you need to know more about hiring a DUI lawyer to fight a drunk driving charge in South Carolina? If so, we strongly encourage you to contact us for a free initial consultation. To discuss your case with an experienced Rock Hill DUI lawyer in confidence, call us at 803-328-8822 or tell us how we can reach you online today.