DUI Defense Ethics
“The ten commandments for ethically and effectively defending criminal cases” by William C. Head, Atlanta, GA [wchead@absolutely-not-guilty.com]
- I never defend criminal cases without comprehensive training in field test procedures and the forensic tests used against my client.
- I never try to win without using my own expert witness when the State’s presumptively valid tests are admitted into evidence at trial.
- I timely file and competently and diligently pursue every viable motion, trial objection, mistrial opportunity and voir dire (of the state’s so called forensic experts) in an attempt to try to totally eliminate the State’s test evidence.
- I always use a certified court reporter to keep the judge vigilant to not make politically-motivated or bias-driven rulings when I raise legal objections before, at or after trial.
- I always create a consistent trial theme and case strategy for meeting and defending the State’s case against my client, and weave this theme throughout the trial.
- I remain constantly vigilant throughout trial for omissions and failures of proof by the State in its case-in-chief and make strategic decisions on how to capitalize on those mistakes.
- I am never deterred or intimidated by an impatient or unfair judge and fail to bring timely, targeted and proper objections, proffers (offers of proof) and motions to properly preserve appellate issues that may result in a total win or a new trial.
- I always research, know and have available at court all critical legal cases before appearing at any court proceedings that could affect my client’s chances for ultimate success.
- I never put my client on the witness stand at trial until and unless all other avenues of proof of critical evidence will be inadequate in the search for victory.
- I keep myself in a professional, visually appealing and endearing manner to the trier of fact at all times in order to not be the potential cause of my client’s conviction at trial.