Stephen H.: Your lawyer has visited with the district attorney and the only offer the DA is going to make in your DWI case is plead guilty to a DWI and do probation, but you don’t want to do that. You didn’t think you were guilty and you don’t want a DWI conviction on your record. What do you do next?
Stephen H.: Hello, my name is Stephen Hamilton. I’m a board certified criminal defense attorney practicing in Lubbock, Texas and the surrounding areas and today’s video clip is just that. What do you do to get ready for trial? After you’ve had some negotiation time with the DA, ultimately a decision is going to have to be made. That decision is 100% up to you. Do you go to trial on the case? Now if you do, here’s what must be done to prepare the case.
Stephen H.: Number one, you’ve got to make sure all the witnesses have been talked to, and that should’ve been done early on in the case, not a week or two weeks before you go to trial.
Stephen H.: Number two, you got to make sure you have all the videos in the case. And not just the videos, but they have to be in their proper format so that you can show video clips to a jury, so that maybe we get a transcript of the video to be able to cross examine the police officer. And then you and your lawyer have to sit down and spend some time talking about the case, making critical decisions. Are you going to testify? Are you not going to testify? If you’re going to testify, what questions are your lawyer going to ask you? What questions is the state, the prosecutor, going to ask you? If you don’t testify, how can that help or hurt your case? What are the good points and the bad points? What is the DA going to try to push first? What are the things that we’re going to try to show the jury to show that you were not intoxicated?
Stephen H.: That’s what being prepared for trial is. It’s not a matter of walking in and trying the case. It’s a matter of spending the time before the trial to ensure that you have the best shot possible when you pick a six or a 12-person jury.
Stephen H.: If you have questions about the trial process on a DWI in Lubbock or the South Plains, call me. My office number is (806) 794-0394. My name is Stephen Hamilton and I hope you have a great day.