Counseling or therapy may be useful to a defendant when preparing for a trial. It may improve the defendant’s mental wellbeing before the stressful ordeal. While it’s unlikely to have a bearing on whether a defendant is found guilty or innocent, it may impact the eventual sentence.
If the defendant can show he or she underwent therapy or counseling they might receive a lesser sentence or even probation when the prosecution is pushing for jail time. Undergoing a therapy can help our Fort Worth criminal defense lawyers get the case dismissed. In DWI, drug, or theft cases, we show the prosecution our client took the necessary steps to obtain counseling and treatment. If there are other weaknesses in a case, it may help to get it dismissed.
This counseling is voluntary rather than being ordered by the court. It can never harm our case to do this kind of thing. It shows the defendant is making an effort to address his or her issues and may result in a judge or jury looking at the defendant in a more favorable light.
Although we can’t guarantee therapy or counseling will help reduce your sentence it can’t harm your chances.
Arguably this course of action is most beneficial in a DUI or DWI case in Texas.
If you are arrested for drunk driving, many police officers or prosecutors will automatically assume you have an alcohol or a drug problem.
Family members, employers, and friends may jump to the same conclusion. Even prior conviction, people will assume you have a problem.
An attorney may recommend you undergo a drug or alcohol assessment and embark on possible treatment. This is not to be confused with the court-ordered alcohol and substance abuse education courses you would be ordered to attend if you are convicted of DWI in Texas.
If you do have an alcohol or a drug problem an early assessment will help you come to terms with the issue and provide a way of addressing it.
Even if you don’t have an underlying problem a private, independent assessment, and counseling will show the trial judge you took prompt action. In the event of a DUI or a DWI conviction, an attorney can help negotiate a more favorable sentence. If an assessment showed you had no underlying problem, the test might give more credence to arguments that you deserve another chance and you should receive a lesser sentence.
Your action can also be discussed by your attorney in discussions with the prosecutor.
In DWI cases, defendants often face an uphill task. Juries conclude blood and breath tests are correct even when they are considerably less reliable than the general public believes.
It’s important to get powerful DWI/DUI representation which will help address the balance. Attorney Gary Medlin has more than 33 years of experience in criminal practice and has handled thousands of criminal cases in federal and district courts.
If you have been charged with a DWI or another crime, taking a course of therapy or counseling pre-trial may be useful in some cases. Call our Fort Worth criminal defense lawyers today.