As a Denver criminal defense lawyer, one question I am frequently asked is why it is so hard to predict the outcome of cases? After all, there are thousands of DUIs every year, and hundreds of assault cases, so why can't a Denver DUI lawyer have a fairly firm idea as to what the sentence is likely to be? The answer to this question boils down to a few essential factors.
First, every case is different. Where a client sees a basic DUI case, a Denver DUI lawyer sees many different factors that can affect the outcome. What evidence will be admissible in court? How much did the defendant tell the arresting officer? Is it a first offense or a fifth offense? What kind of mitigating evidence can be presented to minimize the sentence, or make the defendant look better for the jury?
Second, each jurisdiction treats cases differently. Where some counties are extremely busy with murders and gang violence, with little time to take DUIs to trial, others see DUIs or drug crimes as a top priority. If you're unlucky enough to get charged in one of these harsher jurisdictions, sometimes there is basically no room for bargaining. The prosecutor makes an offer, and the defendant can either take it or go to trial.
In a more lenient jurisdiction, the prosecutors will be more reluctant to bear the time and monetary costs of trial. That means more room for bargaining, and a better chance of a decent plea bargain even without winning at trial. Ultimately, the outcome of a case depends on a variety of factors. If your Denver DUI lawyer makes any concrete promises, run away, since even the best criminal defense lawyer cannot make any guarantees, with so many different factors affecting the potential outcome, many outside the lawyer's control.
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