The outcome often depends on the exact facts of your case. The best way to proceed may be to call the District Attorney's office and tell them that you want to "make discovery" of your file. You should state that you do not have an attorney, otherwise they will tell you that you need to have an attorney order it. Once you receive the discovery you can start contacting attorneys to determine if you even need an attorney, and if so, which attorney would be the best fit. Sometimes you need the best trial attorney, sometimes you need a good attorney to plea bargain your case, and sometimes you just might want an attorney to stand next to you in court because you are nervous. You obviously could pay an attorney hundreds of dollars to make discovery for you, but that is not necessary.
There are too many variables for us to reliably advise you. It depends greatly on your specific facts, your DA, your judge, etc. It depends on if you want to accept the first offer from the DA regardless of whether it is a good offer or not. It depends on whether you have an attorney and that attorney's ability to negotiate or go to trial depending on your facts and wishes. Many people go in without a lawyer on first offenses and plead to offers that aren't good offers because its cheaper than hiring an attorney and because they are promised probation. Without having a DUI lawyer represent you or at least review your discovery, as Mr. Pirosko suggests, you will not likely fully understand your options. Mr. Pirosko is one of the best DUI attorneys in Colorado. He is a good place to start if you are looking for an excellent DUI attorney.
You should go get your license. That is step #1. Then you should contact several experienced DUI Defense attorneys for a consultation. Whether you choose to hire an attorney is your choice, but understand that a DUI or DWAI is a lifelong offense and will follow you forever. You should do everything possible to avoid this criminal and DMV record. Your future may depend on it.
As Mr. Pirosko mentioned, there are too many variables for anyone to speculate on what your penalty would be. I agree that you should never pay an attorney to acquire discovery for you, but I also think that you should consider hiring an attorney sooner than later. It can take weeks if not months sometimes to get discovery and base discovery is just a small piece of what actually exists. If you do not know how or where to go to get this information, there is a chance that some of it is not preserved and you may miss that key piece of evidence that would have benefited your case.
Take the time and call some local DUI attorneys and then make a decision on what you want to do based on the consulatations and detailed explanations you get from these attorneys. There is no right or wrong answer and you need to do whatever is in your best interest. Only you can decide what that is.
The Orr Law Firm, L.L.C - 303-818-2448 - Is Colorado's Premier DUI and Criminal Traffic Defense Law Firm. Rhidian Orr is the senior partner and owner of the firm and focuses his practice exclusively to DUI and criminal traffic matters in the state of Colorado. His decision to answer your questions does not constitute an attorney/client relationship. The Orr Law Firm offers FREE Consultations and we encourage that you contact his firm to discuss your case in more detail.
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