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
- 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
- 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.