How We Fight for You
People charged with a criminal, DWI, or serious traffic offense are usually anxious and somewhat confused. What are their options? Are they going to jail? Will they have a permanent criminal record? These are good questions that have answers. Please refer to this guide to gain an understanding of how we defend your case from start to finish.
Step One: Acquire the Facts
When you contact McGuckin Law, our very first step will be to explain to you what your charges mean and what your potential penalties are, outline possible ways to beat or mitigate your charges, then we will request all of the evidence that State has against you. This is called discovery and we are entitled to all of it.
Step Two: Identify Success
Once we receive discovery from the State, we will sit down with you and identify what success in your case looks like. Remember, the State has to prove your guilt beyond a reasonable doubt. In some cases, the State will have a very hard time proving its case. We aggressively fight for a dismissal in these matters through negotiation, pre-trial motions, and trial. Other times, the State has a solid case against our clients. In these cases, we seek to mitigate the penalties through admission into diversionary programs or plea-bargaining. Remember, plea-bargaining DWI cases is prohibited.
Once we are able to take a look at the State’s case we will have a good idea of your best course of action and work toward that achieving that outcome.
Step Three: Proactive Measures
We strongly urge our clients to be proactive. If you were charged with a drug or alcohol-related offense, have a mental health condition, or are facing a violent crime or domestic violence offense, we will work with you to enroll in a counseling program at the outset of your case. This is important because it demonstrates to the prosecutor and the judge that you are taking the matter seriously and are striving to modify your behavior. It is our experience that proactive clients achieve better results and these measures allow us to provide a “total person” defense.
Step Four: Fight the State’s Case
We will look at every aspect of the State’s case, finding weaknesses in the state’s proofs and preparing motions to dismiss or suppress evidence when applicable. We look at police reports for issues with unlawful traffic stops, illegal search and seizure, and improper drug and alcohol testing. We will look for identification issues and improper statements. If an issue exists we will find it and fight it.
Step Five: Diversionary Programs
While we aggressively fight the facts of your case, sometimes a better approach is to collaborate with the prosecutor to gain admittance into a diversionary program such as Pre-Trial Intervention (PTI), Conditional Discharge, Mental Health Diversionary Program, Drug Court, or Veteran Diversionary Program.
Step Six: Fight Procedural Issues
Once your charges have been filed, your case is in possession of the Municipal or County Prosecutor. The prosecution has certain procedural duties to fulfill when pursuing criminal convictions against our clients. These duties center around fairness toward defendants and pertain to timely proceedings, supplying all relative evidence, and impartiality. We actively monitor the State’s compliance with its duties and are ready to file motions when necessary.
One Step at a Time
At McGuckin Law, we view you as a temporary partner. After all, your future, license, record and freedom are on the line. It is important to us that you are educated and aware from start to finish. To find out how we can customize our defense to your needs, call 732.924.4200 today for a free consultation.