TOP TEN Informational Factors to
Consider for DUI Defense
- "Jail Mail" Distasteful correspondence forwarded
to a person after an arrest. This practice preys on
the vulnerable and unsuspecting, which this office
believes to be callous and discourteous. One must
question how your name and address were acquired and
why a return phone call would be warranted. If an
attorney is dilegently completing work on existing
cases, one should question how this attorney would
have the time to send this such soliticice corraspondent.
- Abrasive tactics Unnecessary harshness and
claims of an "aggressive defense" are more often than
not an indication of a lack of knowledge, rather than
work ethic. Armed with training and knowledge, a defense
attorney is more likely able to achieve respect and
attention of a prosecutor and judge. Abrasiveness
creates enemies and only proves to agitate a potential
for a concession by the prosecution.
- All DUIs are not created equal. Comparing
your arrest to another's is always unproductive. Although
the veneer may seem similar, DUI arrests and chemical
tests are rarely identical to one another. Your expectations
should not be based on another person's claims and
fact pattern.
- "Jack of all trades attorney" A person seeking
a DUI defense attorney should focus on an attorney
who concentrates on this particular field of law.
One should request the potential attorney's experience,
additional training and supplemental education as
they relate to DUI defense, both criminal and civil.
While legal fees are more often than not higher than
the "jack of all trades attorney," you get what you
pay for . . . Please keep in mind, you have only one
opportunity to offer a defense; you have the rest
of your life to make money.
- Conflict of interest Accepting legal advice
from the arresting officer is not advised. One should
guard against the well-meaning officer who tenders
legal advice or advises against seeking an attorney.
An officer's training is in the arrest, not defense
of an arrest. One should recall that this is the same
person that stopped, arrested, handcuffed and charged
you with a crime. "The art of being wise
is the art of knowing what to overlook."
(William James)
- "Silence is golden." Conversation with others
and statements to insurance companies should be avoided.
If an accident is involved, insurance companies require
a statement from their insured, pursuant to contractual
obligations. Note, these statements can be subpoenaed
and used in court against the accused. Please be advised
that your constitutional rights against self-incrimination
preempt contractual obligations while the outcome
of your case is pending. Retelling the night in question
to the general public while seeking untrained advice
is confusing and upsetting and should be avoided.
- "Cut me a break" Never contact the police
without first speaking to an attorney. As you may
be aware, anything you say can and will be used against
you. The police are neither in a position to grant
leniency nor provide advice.
- Assistance Being a part of your own defense
is necessary. You've hired the professional-your
involvement is mandatory, yet unnecessary annoyances
will hinder your representation.
- "Unlawful arrest" Miranda rights are not
necessary for a legal arrest, despite viewer's interpretation
of the wide variety of police television programs.
However, if your Miranda rights have been read, one
should politely decline to answer all questions.
- Politeness Always be polite to law enforcement;
there is no reason not to be. Attitude toward law
enforcement officers does not relieve you of accountability.
The arresting officer is only doing his/her job, even
if they appear to be receiving much delight while
doing so. Unfortunately handcuffs are not fashion
statements and are meant to be fastened tightly.
__________________________________________________________________
The
Law Offices of David M. Manilla, Esquire
P.O. Box 70 • 2060 Valley Forge Road
Worcester, Pennsylvania
Toll Free: 1-877-PENN DUI (1-877-736-6388)
Phone: (610) 584-0364
Fax: (610) 584-9595
"Our
representation begins where standard legal education ends."
Currently with greater advanced training than any DUI
Defense attorney in Pennsylvania.
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