One of the main questions my clients ask is "what can I do to prepare for my court date?" It is important to take steps prior to your court date to make sure that you are prepared for the consequences of the hearing. Typically, you want to prepare for worst case scenario and the good news is that you have control over what happens between the time you are charged with a DWI and your court date. Defending a DWI charge is all about preparation.
You may be convicted of your DWI charge, whether by a plea of guilty or a jury verdict. After the conviction, you will appear for a sentencing hearing at which time you will want to present evidence that you will not have any future problems with alcohol or DWI related charges. Most importantly, the judge will want to hear evidence that convinces him or her that you will not end up in the same courtroom with a second DWI charge.
Here are just a few things I typically recommend my clients do before their court date to show the judge that they are taking the charge seriously and will not be back in court in the future (additional or less items may be required based on your particular circumstances):
Obtain an alcohol assessment. Having an alcohol assessment completed before your court date is a specific mitigating factor at sentencing. Obtaining this assessment is probably the easiest, but also the most important, way to prepare for a DWI sentencing hearing. Contact an attorney or a local alcohol assessment agency for more information.
Follow through with the recommended classes outlined in your assessment. If recommended, follow through with any classes that your assessment recommends. A judge will require you to complete these classes after sentencing anyway, so this will show your initiative in completing this step prior to a judge forcing you to.
Do some community service at a local non-profit. Churches, goodwill, Salvation Army, and any other local non-profit organization will accept volunteers looking to complete community service. Your community service will demonstrate to the judge that you are a member of the community who is willing to give back and be productive following a DWI charge.
Attend AA meetings. This would be strongly suggested if you are going to court on a second DWI charge. Many AA sponsors are willing to write an anonymous letter on your behalf stating the amount of meetings you have attended, your involvement in those meetings, and their relationship with you.
Stop alcohol use entirely prior to your court date. You could demonstrate this from the use of a continuous alcohol monitoring device, or you can simply be able to honestly tell the judge that you have not been drinking since your charge. This helps show that you have control over alcohol, not that alcohol has control over you.
Obtain a letter from your insurance company stating that all personal injury or property damage claims related to an accident have been paid. It would be best to discuss whether to submit this at Court with an attorney, but it is always wise to get an insurance letter with a claims status whenever there is an accident. Obviously, this only applies if your DWI charge was also related to an accident.
Take advantage of a free legal consultation. While there are many ways to prepare for a court date on your own, don't hesitate to take advantage of a free legal consultation during which an attorney can help you develop an action plan for your case.
You may be convicted of your DWI charge, whether by a plea of guilty or a jury verdict. After the conviction, you will appear for a sentencing hearing at which time you will want to present evidence that you will not have any future problems with alcohol or DWI related charges. Most importantly, the judge will want to hear evidence that convinces him or her that you will not end up in the same courtroom with a second DWI charge.
Here are just a few things I typically recommend my clients do before their court date to show the judge that they are taking the charge seriously and will not be back in court in the future (additional or less items may be required based on your particular circumstances):
Obtain an alcohol assessment. Having an alcohol assessment completed before your court date is a specific mitigating factor at sentencing. Obtaining this assessment is probably the easiest, but also the most important, way to prepare for a DWI sentencing hearing. Contact an attorney or a local alcohol assessment agency for more information.
Follow through with the recommended classes outlined in your assessment. If recommended, follow through with any classes that your assessment recommends. A judge will require you to complete these classes after sentencing anyway, so this will show your initiative in completing this step prior to a judge forcing you to.
Do some community service at a local non-profit. Churches, goodwill, Salvation Army, and any other local non-profit organization will accept volunteers looking to complete community service. Your community service will demonstrate to the judge that you are a member of the community who is willing to give back and be productive following a DWI charge.
Attend AA meetings. This would be strongly suggested if you are going to court on a second DWI charge. Many AA sponsors are willing to write an anonymous letter on your behalf stating the amount of meetings you have attended, your involvement in those meetings, and their relationship with you.
Stop alcohol use entirely prior to your court date. You could demonstrate this from the use of a continuous alcohol monitoring device, or you can simply be able to honestly tell the judge that you have not been drinking since your charge. This helps show that you have control over alcohol, not that alcohol has control over you.
Obtain a letter from your insurance company stating that all personal injury or property damage claims related to an accident have been paid. It would be best to discuss whether to submit this at Court with an attorney, but it is always wise to get an insurance letter with a claims status whenever there is an accident. Obviously, this only applies if your DWI charge was also related to an accident.
Take advantage of a free legal consultation. While there are many ways to prepare for a court date on your own, don't hesitate to take advantage of a free legal consultation during which an attorney can help you develop an action plan for your case.
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