The penalties for drinking and driving have become more severe, particularly for repeat offenders, who often face mandatory jail time. In many states, plea bargaining is restricted or banned in drunk-driving cases. Fines have increased and driver's license suspensions have lengthened. It is also harder to obtain a "hardship" license that allows a person only to drive to and from work. In this climate an experienced drunk-driving defense attorney is essential.
Fighting DUI Charges Takes Skill and Experience
If you were arrested for drunk driving in Pennsylvania, you need experienced, aggressive representation from an attorney who knows the law, understands the system and can work with the police officers and district attorneys to find a favorable resolution if possible.
At the law firm of Fiore & Barber, LLC, we offer experienced and aggressive DUI defense representation. We know how to make the system work for you. We can effectively advocate a reduction in charges or penalties. As proven trial lawyers, we have the skill and experience to fight DUI charges in court, if necessary. Contact us today for a free consultation.
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At Fiore & Barber, LLC, we attack DUI cases on two fronts. We will work within the system to minimize DUI penalties whenever possible. At the same time, we will aggressively challenge faulty field sobriety and breathalyzer tests and other violations of police procedure. We will actively pursue ARD and expungement to keep a DUI offense off your record. Contact our office to discuss your many options in fighting a drunk driving charge in Pennsylvania.
Do you need to hire an attorney to fight a DUI charge? You can't afford not to have quality, aggressive representation. The truth is you simply can't get the kind of results on your own that you can with the help of an experienced DUI defense lawyer who knows the system. If you need an aggressive defense that gets results, contact Fiore & Barber, LLC today. Our office is conveniently located in Harleysville, halfway between Philadelphia and Allentown. We serve clients in the greater Norristown area and throughout southeastern Pennsylvania.
The Prosecutor's Role in a Drunk-Driving Case
Prosecution refers to the government's role in the criminal-justice system. When criminal activity is suspected, it is up to the government to investigate, arrest, charge and bring the alleged offender to trial. A prosecutor is a lawyer who works for the government and who is responsible for developing and presenting the government's case against a criminal defendant. Prosecutors may be called county attorneys, city attorneys, district attorneys or states' attorneys. Some jurisdictions may even have experienced police officers act as prosecutors in drunk-driving cases. The prosecutor is the opponent or "adversary" of the criminal defendant and his or her attorney; the two sides go head-to-head against each other in court.
Because these public attorneys focus their energies on prosecuting criminal cases, they are generally very experienced. Therefore it is extremely important for a drunk-driving defendant to consult an attorney who has experience defending people charged with drunk driving. If you are concerned about preserving your rights as a defendant and want to strike a fair balance in court, you should strongly consider a skilled criminal-defense attorney such as one at Fiore & Barber, L.L.C. in Harleysville, Pennsylvania, particularly one knowledgeable in drunk-driving law.
Prosecutors Decide Whether to Pursue Drunk-Driving Cases in Court
A prosecutor usually becomes involved in a drunk-driving case through a referral from the police who have investigated, arrested, searched and processed an alleged offender. In making the decision whether to go forward with a case, the prosecutor usually considers three things: whether the case is legally sound, whether it can be proved and the relevant policy considerations. If the prosecutor exercises his or her prosecutorial discretion by deciding not to go forward with a case, it will usually be over.
The prosecutor must be assured that there is enough reliable evidence to prove the drunk-driving charge before he or she will bring the case to trial. For example, if the Breathalyzer® machine malfunctioned or the test results were lost, the prosecutor may decide to dismiss the case because crucial evidence would be missing or substantially weakened.
Policy considerations are always part of the decision to prosecute a particular defendant, because the prosecutor's job is to serve justice in the public interest, not only to win every possible case. The defendant might have mental or physical problems that make a pretrial diversion program, like alcohol or drug treatment or a suspended prosecution, a better option than trial. Finally, a prosecutor must consider the limited resources of his or her office when choosing which crimes to pursue.
Prosecutors Represent the Government-the City, County or State-in Drunk-Driving Cases
The filing of a complaint or other official document by the prosecutor officially starts the drunk-driving court case. The prosecutor appears at the defendant's initial hearing before a judge to represent the government with regard to pretrial release issues like bail. If the prosecutor has no objection to the defendant's release before trial, bail is usually allowed. At trial, the prosecutor is allowed to go first and presents the government's case against the defendant. The government must prove each element of the drunk-driving charge beyond a reasonable doubt, based on relevant, credible evidence elicited through the testimony of competent witnesses. In drunk-driving cases, the arresting officer is generally one of the key witnesses for the prosecution. The prosecutor also participates in requesting or objecting to jury instructions given by the judge at the end of the trial, although jury trials are not available in all drunk-driving cases. The prosecutor may also be called on to defend the government's sentencing recommendation, if there is a dispute over the appropriate sentence to be imposed.
Conclusion
Prosecutors have a lot of power and influence in drunk-driving cases. They take the case from the police and decide whether to pursue it in court; they represent the government in court and pursue a conviction; and they may recommend a particular sentence, if the defendant is found guilty. Prosecuting criminal cases is what these government lawyers do day-in and day-out. Accordingly, if you have been charged with drunk driving, it is very important that your lawyer is smart, tough and experienced. Call a knowledgeable drunk-driving defense attorney at Fiore & Barber, L.L.C. in Harleysville, Pennsylvania, now.
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