Written By: Ravi Prithipaul
If you have a DUI case in Edmonton, your interests are best served with legal representation. Hiring an experienced lawyer criminal with past success in defending DUI charges can substantially increase your chances of a favorable outcome. Before making a hiring decision, however, there are several questions to ask.How Much Do You Cost?
Criminal lawyers typically bill by the case, as opposed to on an hourly basis. Lawyers’ fees vary depending on their experience, years they have been in practice, the nature of the charges, the Crown’s evidence, and the length and complexity of the case. An experienced lawyer can make a significant difference, depending on the situation. Your defence may also require expert witness evidence, the type and cost of which you should inquire about at your consultation. After your free initial consultation, Mr. Prithipaul will be able to quote fees for your case.
Is Success Rate Meaningful?
Every case is different and no lawyer is a fortune teller. We cannot predict outcomes with certainty. It can be misleading to focus too much on the notion of a “success rate” Just because another person has been successful (or not) in a given situation, that does not necessarily mean that the same result will apply in another case.
That said, a lawyer who is known for his or her experience in defending certain types of charges is an asset. You can ask if the lawyer has had any similar cases that are public record that you can review.
How Should I Plead?
Generally, for most criminal offences including impaired driving, the Crown may prosecute by either “summary conviction” or by “indictment”. Before you are required to enter a plea (guilty or not guilty), the prosecutor must advise you and the court how the Crown will proceed. Most DUIs are prosecuted by summary conviction; if the Crown proceeds by indictment, it likely means that a more serious sentence will be sought. An experienced criminal lawyer will be able to offer advice about plea options and potential consequences.
Do You Have Experience at the Court of Appeal?
Your lawyer will work hard to defend your position if you are charged with driving under the influence of alcohol or drugs in Edmonton. The decision at trial might not leave either you or the Crown satisfied with the outcome, however. You may want to appeal if your conviction or sentence was legally incorrect. The Crown may decide to appeal the trial judge’s decision. For these reasons, you should retain a criminal lawyer who also has experience with the appeal process.
In the case of R. v. Martens, 2008 ABCA 283, a trial judge found the accused not guilty of driving with excessive blood alcohol on the basis that the police had failed to make a demand properly. The Crown appealed, and then the defence appealed further. Although a new trial was ordered, defence counsel was ultimately successful and the accused was again found not guilty. This case shows the importance of having a lawyer with extensive experience in conducting criminal appeals.
Who Supports You?
You may want to meet the lawyer’s key support staff. A good case manager can provide invaluable assistance in managing a client’s file, setting up appointments, organizing the lawyer’s calendar and dealing with clients.
Don’t be Afraid to Ask Questions
There are many legal questions to ask if you have been charged with driving under the influence of alcohol or drugs and an experienced criminal lawyer can answer those questions.