Reviewed Discovery In a Fort Worth DWI Case

After we have reviewed the discovery in a case, our Fort Worth DWI lawyers will advise the clients of what the chances are at trial. We’ll advise them what the evidence is, and what we think the outcome would be. In any trial, the government has the burden of proof. They have to prove all the elements of the case with legally admissible evidence beyond the reasonable doubt. Even when the evidence is not favorable for our client, we can still just contest whether or not the government is proving it beyond a reasonable doubt. Before we go through a trial in a situation like that, we always properly advise the client about what is going to happen, and what the likely outcomes are. This way, the client can make an intelligent decision about whether or not to go through the trial, or try to negotiate a result before a trial.

We also advise on what the risks are and what the worst possible outcome is if we go through a trial and lose. Sometimes the worst possible outcome, even if we lose, is not worse than what the prosecutor wants to do through a plea bargain before a trial. In that case, we’ll just take our chances at trial. Sometimes good things happen, just because we announce ready and we are present, and we demand that our client has the right to a trial. Even when the evidence is not favorable, sometimes the prosecution has problems such as witness problems, some person is not available, or some evidence is lost. Even in those situations, sometimes by having expert attorneys who are ready for trial and willing to go through a trial, it can work out to our client’s advantage.

Importance of a Skilled DWI Lawyer

It’s nearly impossible for a citizen who is not well-versed in the law, court procedures, and discovery rules to get all the evidence. In fact, most won’t know how to get the evidence, and it’s likely that they wouldn’t have the ability to get the evidence, even if they knew how. Because much of discovery is shared electronically access by the District Attorney, through a certain electronic discovery process called Tech-Share, if you don’t have that access, you won’t receive discovery documents. Only attorneys who deal with the prosecutor on a regular basis get access to this. As a practical matter, citizens, even if they knew how they wouldn’t be able to do it. Many people think that they can go to the police department and get a copy of the police report, but what they receive is very limited, and highly redacted. In other words, much of the information is taken out of it. It’s not complete and doesn’t include everything that they have, so it’s not very helpful.

Additionally, defendants won’t know how to use the power of a court to issue subpoenas or other records. They won’t know the records that are available that they could request or find, and they won’t know how to access the law enforcement records of an officer to find out about their past. They just don’t know what they don’t know. They won’t know how to get these things. Because of this, it’s really impossible for them to find all the information that’s needed to know what kind of case they have, what their defenses are, and what the chances of winning are. Even if they got that information, they don’t have the scientific or the legal knowledge to know how to use it. It’s impossible for a citizen to defend himself or herself unless they happen to be a trial attorney who is expert in DWI cases.

Failure of Prosecution to Gather all Information

If the prosecution fails to disclose all of the relevant or required information and evidence to us during discovery, that can allow us to win the case. For example at trial, if they haven’t disclosed what they are required to, then that evidence won’t be admissible in court. It may be that their evidence is disallowed or stricken, and so that may mean that the prosecution ends up with legally insufficient evidence. The judge may do what we call “Instruct at the verdict of not guilty”, or the judge may, in the middle of the trial, dismiss the case. It can work to our client’s advantage and allow us to win.