Our Process in a Typical DUI Case
Award-Winning DUI Defense Attorneys in Pullman
Most who are facing these charges feel that they are open and shut and that there is not even a real point in seeking counsel. Nothing could be further from the truth. Our constitution is still intact, and the burden is on the prosecution to show beyond a reasonable doubt that you are guilty of the crime. Our first job is to establish reasonable doubt. If we cannot, the next steps are to create a softer landing for the conviction.
Every case is different, but our firm 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.
Luke is without a doubt the best criminal lawyer there is. He is so patient as he explains all the terminology and it's ...- Diane T.
He is a lawyer who is not only professional, but trustworthy, kind, and patient.- Sam
...He even got the DUI case dismissed! I would highly recommend Luke Baumgarten to anyone in a similar situation.- Robert
My case ended up turning out the best way for my situation thanks to Luke.- Past Client
I wish he could represent me, but I have court in another county. I called him to see if he could (on his cell-on a holiday!) And even though he couldn't he took time to discuss things with me and look up other options for me. I would go with him in a hear- Anonymous
I had a legal issue over the weekend involving driving after drinking. I emailed Luke, and he responded over the weekend and met with me the very next Monday morning. I felt that was very impressive. The whole process was overwhelming, and Luke did a good- Anonymous
Directly after speaking with Mr. Baumgarten, I knew I would like him to represent me. Luke is an extremely well spoken and trustworthy gentleman who was always responsive to me; even prior to us discussing any method of payment. Not only did Mr. Baumgarten- Former Client
During my career, I've worked with many attorneys, and quite simply, Mr. Baumgarten is the best. He really cares about his clients and is very knowledgeable about a variety of difficult situations. He works very, very, hard for his clients and will give yo- Rich G.
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