What Will You As My Traffic Defense Attorney Do To Defend My Case?
The first thing I do as a defense attorney is evaluate the case with a keen eye to the facts and the law. I will look at the statute, I’ll look at the facts, I’ll see where it fits and doesn’t fit, and then I’ll develop a theory of the defense of the case. That theory is what is going to guide me in defending you in your case. That does not mean making something up. Quite the contrary, it means looking at the true facts, looking at the law, and seeing what happened. What is it that the police agency says occurred? What does the motorist believe occurred? Why did it happen? Importantly, do the facts fit the law. After I have understood the facts and reviewed the law, I will decide the best way to move forward and discuss it with my client.
You do not want your foundational defense to fail because your attorney did not know what really happened. That is why it is important for the motorist to be honest with the attorney. If the attorney knows what really happened, they can properly align your defenses with the law and that will guide how the case is directed. Most cases – probably nine out of 10 – are resolved by thorough front-end over-preparation, which builds the foundation for an opportunity for a successful negotiation by your defense lawyer.
About one out of every 10 cases requires a trial. This could be because of prior history or it could be the facts of the case and what allegedly occurred was serious. In others, the prosecution’s offer is insufficient, declined, and the case set down for trial. We are always willing to go to trial if needed, but the negotiation is a significant opportunity to resolve the matter or at least get more information.
The prosecution has the burden of proof. The same standard that applies to every criminal matter also applies in traffic cases. In fact, the same Code of Rules governs, Criminal Procedure Law (CPL). The prosecution must prove its case “beyond a reasonable doubt.” That means, every single element of the accusation must be established by the prosecutor beyond a reasonable doubt or they fail in their proof and their case. That is one consideration addressed in negotiations by counsel. So, the defense must fully know the law and all its beautiful nuances, know the facts, and know what the police and prosecutors say occurred. We are ultimately in the best position to decide on how to proceed with the case because we know everything about the case from all sources. The prosecution may or may not know what the accused says happened depending on whether the motorist said anything to the police officer at the time of the stop or arrest.
If the case can be resolved successfully at pre-trial with a great result – then so be it. If it cannot be and you put the matter down for trial, then you usually no longer have the option of further negotiations. If the defense counsel recognizes where the prosecutor may be wrong in their analysis of the strength of their case or if the police officers tend to agree with defense counsel’s argument (which happens), the People’s position is correspondingly moved favorably toward the defense. If the law enforcement officer instead corroborates the position taken by the prosecutor, the matter will likely proceed to trial and be finally determined “guilty” or “not guilty” by the finder of fact, which is the judge, or in some case – dismissed.
There is no jury in traffic cases; a traffic case is limited solely to a “bench” trial. That is another issue that needs to be factored into negotiations and possible resolution. If the law enforcement officer or trooper is in front of the judge every week, then the judge is fully familiar with that person and they may not make a great witness for the People. These are all factors to be recognized and handled by the professionals.
For more information on Role of Traffic Defense Attorney In New York, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (914) 301-7500 today.