A Houston DWI Case-Be Careful What You Ask for...
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, Herman Martinez and a client of ours 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. Herman prepared 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. Herman 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."
.jpg)
