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RULE 1: HIRE A SPECIALIST
If you have been charged with OUI you do not need a
lawyer. You need an OUI lawyer. Defending an OUI is very different
from handling a civil case or defending other criminal matters.
The elements of the offense are extremely technical and require a
detailed knowledge of both the law and science associated with OUI
cases. The lawyer you hire should be spending 90% of his or her
time defending OUl cases. You would not go to a podiatrist for a
headache - you should not hire a divorce lawyer for your OUI
defense.
RULE 2: AVOID THE "BAIT AND
SWITCH"
If you are considering a well known, high-priced
lawyer to defend your case, make sure it is that lawyer who will
actually be defending you. Attorney's often hire associates
(attorney employees) to handle cases for them. Make sure you know
who will be going to Court with you, and who will be your lawyer
at trial. When you make your first appointment to see an attorney
insist on seeing the well known lawyer you actually want. If the
big name won't see you to accept a retainer, imagine how difficult
it will be getting him or her to take an interest in your
case.
RULE 3: AVOID THE "DUMP TRUCK"
A dump truck is what we call other lawyers who
mostly just plead their clients guilty. Two clues that you may end
up getting "dumped" by your lawyer are (1) he or she is a general
practitioner who handles all types of civil and criminal cases and
OUI constitutes merely part of their practice; (2) a low retainer
fee. This means that the lawyer has no intention of putting in the
time, energy and skill it takes to adequately defend an OUI all
the way through trial
RULE 4: WATCH OUT FOR
EX-PROSECUTORS
Some attorneys make the ex-cop or ex-prosecutor
angle a major selling point. Ask yourself: why did this person
initially seek to put people like me behind bars? The notion that
an ex-prosecutor has an inside track to a "good deal" with other
prosecutors is just plain wrong. The days of the back room plea
bargain in OUI cases are over. The District Attorneys in Maine are
highly skilled and disciplined professional prosecutors. They play
for keeps
RULE 5: IF YOU WANT TO "ROLL OVER"
DON'T
HIRE A GOOD LAWYER
If your plan is to simply hang your head and plead guilty you
do not need the skill and experience of an OUI specialist. A good
OUI lawyer will not accept your case if you wish to simply plead
guilty at your first Court appearance. If you merely want a lawyer
to hold your hand while you enter a guilty plea, you do not need
Scott Gardner.
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