Our Process in a Typical DUI Case

Every case is different, but Mr. Baumgarten processes most DUI cases in the following manner.
  • Consultation and initial case evaluation
    • You will meet Mr. Baumgarten to discuss the facts of your case, your rights, and the potential consequences.
  • Discovery, investigation, and in-depth case evaluation
    • Mr. Baumgarten will file a Discovery Demand and require the prosecution to turn over any and all evidence related to your case. Once received, he will carefully review the discovery and conduct a thorough case evaluation. This will sometimes require follow-up discovery requests, visits to the scene of the traffic stop and Field Sobriety Test location, and interviews with witnesses. It is during this phase of your case when Mr. Baumgarten will be searching for legal issues which can be leveraged to earn you the best result possible.
  • Consultation regarding case analysis
    • You will meet or talk with Mr. Baumgarten on the phone to discuss his findings and opinion regarding your case. At this time, you and Mr. Baumgarten will decide on a defense strategy and he will inform you of the potential outcomes based on your defense strategy.
  • Negotiation with the prosecuting attorney (plea bargaining)
    • If your defense strategy involves seeking a reduced charge, Mr. Baumgarten will communicate with the prosecutor, either over the phone, in person, or in writing. When discussing your case with the prosecutor, Mr. Baumgarten will emphasize any weaknesses in the prosecution’s case and the strength of the defense issues. He will also emphasize any mitigating and equitable factors that exist.
  • Consultation regarding plea bargain vs. other options (contested motions and trial)
    • After the prosecutor responds to Mr. Baumgarten’s request for a plea offer, you and Mr. Baumgarten will talk again to discuss the prosecutor’s response and your options.
  • Preparation for Plea and Sentencing pursuant to plea offer OR preparation for trial
    • If you decide to accept the offer, Mr. Baumgarten will begin preparing for your plea and sentencing hearing. This will involve preparation on Mr. Baumgarten’s part as well as preparation on your part. If you decide to take your case to trial, you and Mr. Baumgarten will meet again to discuss trial tactics and strategy.
  • Case disposition by guilty plea, trial, or deferred prosecution
    • Your case may be concluded in one of four ways: 1) entry of a plea of guilty, 2) trial, 3) entry of deferred prosecution, or 3) dismissal. A dismissal is rare, but there are many legal and defense issues which could justify such a disposition.
    • If you conclude your case by pleading guilty, Mr. Baumgarten will schedule your “Plea and sentencing” hearing on a date that works for you.
    • If you conclude your case by trial, your trial date will be chosen from a list of dates that are both available for the court and within your “speedy trial” calendar.
  • Final Consultation and Closing Letter
    • Whether your case is resolved by way of a guilty plea, trial, or an outright dismissal, Mr. Baumgarten will consult with you one last time following the resolution of your case to make sure you understand your rights and obligations. He will also send you a closing letter reminding you of your obligations and inviting you to contact him any time with any questions.