Because I have been kind of neglecting the blog lately, I thought I would post some information about how to hire an attorney to represent you in a Kansas DUI case.The internet is a good place to get information about DUI lawyers. Remember, though, when reviewing the multitude of sites listing so-called “DUI Lawyers”, that most of them are “pay to play”. In other words, the first guy to open up his checkbook got listed on the site as the “DUI Specialist” whether that person knows what he or she is doing or not. Some of these lawyers may actually be “Dump Trucks”, i.e. lawyers that just plead clients out without ever trying to win the case. Here is Part I:
How To Hire The Best DUI DWI Attorney In Kansas
If you have been charged with a DUI you are scared, anxious, worried and confused. You may feel depressed, ashamed or even victimized. All of these emotions take a heavy toll on you and will creep into, if not overwhelm, your work, relationships and personal life. Because you only have ten days in which to make a written request for a driver’s license hearing, and to get it done right, you have to move fast and make a decision about an attorney in a short period of time. The crisis in your life caused by a DUI arrest, and all of the anxiety and emotions that flow from it, can lead you to make a mistake in hiring an attorney. You may be tempted to hire the first one you talk to just to get the decision over with. You may allow someone to capitalize on your fears without giving you accurate information and without taking time to make the right decision. Or you may base your decision purely on who is the cheapest because you are so concerned about the financial impact that a DUI conviction or driver’s license suspension will have on you. Please review the following informationregarding the things to think about when trying to find the best DUI attorney to assist you.
DO YOU EVEN NEED AN ATTORNEY? Some people think that they don’t need an attorney to represent them, especially if it is a first offense. In fact, a lot of police officers will tell first time Kansas DUI offenders that they don’t need an attorney. A DUI, especially given the ever-tightening DUI laws in Kansas, is like a disease on your life. A DUI charge can result in a loss of driving privileges, loss of a job, jail time, upheaval of personal relationships, enormous expense and inconvenience, as well as a criminal record for life, higher insurance rates and a long-list of other social and legal problems. If you had a disease you would go see a doctor. If you needed surgery you would not perform surgery on yourself. This is an important, potentially life-altering, situation and you not only need a lawyer, but you need someone with a lot of experience and skill in the area of DUI defense.
You can represent yourself if you want. The saying that “the lawyer who represents himself has a fool for a client” did not become a cliché without good reason. You will likely lose your driver’s license in the administrative proceeding and have the criminal case navigated for you by a prosecutor. That is the lawyer who is against you! He or she may seem helpful, but his or her job is to get convictions and collect money for the State or City, not help you. Even if you elect to accept diversion, the quality of your life while on that diversion will be dictated by the terms of the diversion agreement and you need a lawyer’s advice about that document. DUI diversions are counted as convictions if you ever get charged with another DUI in Kansas any time in your entire life. A driver’s license suspension will be on your driving record and used to enhance the penalties on a future driver’s license suspension for the rest of your entire life. This is no time for amateur hour.
Our law firm has seen many clients come to us just before accepting a diversion or conviction only to achieve through our representation acquittals, dismissals, return of their driver’s license or significantly reduced impact on their personal and professional lives. We have also had to help people deal with the aftermath of poor legal representation in DUI cases and it has not been pretty in many instances.
WHO IS THE RIGHT KANSAS DUI ATTORNEY? The representation of persons charged with DUI in Kansas has become an extremely complex and Byzantine maze that few lawyers have really invested the time and energy to understand. The laws concerning administrative driver’s license ramifications and criminal case penalties change nearly every legislative session. Because decisions by the Appellate and Supreme Courts are issued every few weeks, the Kansas DUI laws actually change on an almost monthly basis. It takes serious dedication and focus to stay on top of the law and to be able to provide accurate, reliable advice in a DUI case.
You have to be careful about relying on advertising and sloganeering. Anybody who graduates from law school can call themselves a DUI attorney. Anyone with a checkbook can place an ad in the back of a newspaper or on a billboard touting themselves as a DUI lawyer. You need an attorney who does not just call themselves a DUI lawyer, but that actually has a reputation and track record as a DUI lawyer.