Houston DWI Lawyer | DWI Defense in Houston, TX

You have probably heard the phrase, "Be careful what you ask for, you just might get it." This is a phrase that rings true many times in the Criminal Justice arena. Every day someone is facing a harsh penalty and has the option to choose a certain sentence through a plea bargain or step up to the plate and assert their right to a jury trial.

It is a scary position to be in because there is no certainty. If you hang around a criminal courthouse after a verdict and hear lawyers talking you will likely hear the question, "What was the offer?" If a defendant gets hit with a big sentence and was offered much less it has to hurt so much more. Of course it is the criminal defense attorneys job to evaluate the case and make a recommendation to the client. Regardless of the whether the client follows the recommendation the attorney must be prepared to defend the client's rights. On the flip side the State's attorney must evaluate the case and determine whether it should be dismissed or plead.

Just the other day my law partner, and a client of mine faced such a moment. The client who was charged with Driving While Intoxicated (DWI) was offered a Pretrial Diversion which would have kept a conviction off of his record. He opted for trial. A couple of weeks before trial the client changed his mind. We contacted the District Attorney's office and were informed it was too late, our client had lost his chance and the deal was off the table. Fair enough.Weprepared for trial. The prosecutor wanted a conviction and the client really didn't want a trial but no longer had the option of the Pretrial Diversion.

The first witness was the arresting  officer. We did an exceptional job during cross-examination in attacking the officer's administering of the Field Sobriety Test. It wasn't pretty. The prosecutor knowing where the trial was headed dismissed the case. As the saying goes, "Be careful what you ask, you just might get it."

If you are someone you know if need of the legal services of a Houston DWI Attorney, call Texas Board Certified Attorney Mario Madrid at 713-877-9400.

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A common practice in Harris County, Texas criminal courts is for the judge to admonish someone that is accused of a crime before setting a case for trial.  I am not a fan of this tactic.  Typically, the scenario is like this:  The judge asks the prosecutor "What is Mr. X charged with....  Then the judge turns to Mr. X and says "well Mr. X I can not believe that the State is even offering you that.  Let me tell you that I will not accept any type of plea agreement once we set this case for trial in my court.  In fact, the maximum sentence for this charge is ____."  In this common scenario the judge is assuming that the person is guilty.  They are forgetting that the person before them is PRESUMED TO BE INNOCENT.  Also,  the judge's role is to be neutral.  I always give the example that the judge should act like a referee making sure that everyone is playing by the rules of the court.

In my practice, all of my clients are well informed and know the range of punishment.  I advise them of all their options.  While no lawyer can guarantee the outcome of the case I am there to protect my client and give them my opinion regarding all the possible scenarios.  A person is scared enough during the criminal process that they do not need a judge scolding them for asserting their constitutional right to a trial.

If you find yourself in the position that a judge is making you feel like you should take the deal being offered trust your attorney's advice.  If you do not trust your attorney's advice find another one quickly because you should value your attorney's advice above anyone else in that courtroom.

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