Criminal Defense / OWI Defense
OWI DEFENSE:
Courts have created sentencing guidelines for OWI offenses. The guidelines are organized by Judicial Districts based upon where the offense occured. Once you have found the district of offense, the penalties are based upon blood / breath alcohol level, number of offense and driving behavior. This development has created consistency in sentencing for those in similar situations. It has also created predictability in the process. My experience is that application of the guidelines is consistent among cases, except where there are evidentiary challenges or there is a strong defense. These circumstances present a benefit and a burden on representation by an attorney. First, application of guidelines eliminates disincentives to taking your case to trial. Without specific reasons to deviate from the guidelines, courts generally follow the guidelines. As such, taking your case to trial presents no risk of increased penalties. On the other side, the benefit of having an attorney is limited where you do not intend to take your case to trial. Where you are not intending to take your case to trial, there are limited situations where your attorney can provide a benefit to you. In situations where clients are not committed to trial, attorneys can assist with sentencing programs that make sentences less difficult (Huber or EMP), work with prosecutors to schedule jail time during a more convenient time, work with multiple offense sentences, etc. most of which can be accomplished without an attorney.
Courts have created sentencing guidelines for OWI offenses. The guidelines are organized by Judicial Districts based upon where the offense occured. Once you have found the district of offense, the penalties are based upon blood / breath alcohol level, number of offense and driving behavior. This development has created consistency in sentencing for those in similar situations. It has also created predictability in the process. My experience is that application of the guidelines is consistent among cases, except where there are evidentiary challenges or there is a strong defense. These circumstances present a benefit and a burden on representation by an attorney. First, application of guidelines eliminates disincentives to taking your case to trial. Without specific reasons to deviate from the guidelines, courts generally follow the guidelines. As such, taking your case to trial presents no risk of increased penalties. On the other side, the benefit of having an attorney is limited where you do not intend to take your case to trial. Where you are not intending to take your case to trial, there are limited situations where your attorney can provide a benefit to you. In situations where clients are not committed to trial, attorneys can assist with sentencing programs that make sentences less difficult (Huber or EMP), work with prosecutors to schedule jail time during a more convenient time, work with multiple offense sentences, etc. most of which can be accomplished without an attorney.