How We Roll
When we take your DUI (driving under the influence of alcohol or drug) or violent or white collar criminal case at Gullberg, Box & Worby LLC, we immediately start preparing for trial. Being prepared for trial, and the opposing attorney knowing we are prepared for trial, is what drives a favorable resolution of your case. This means we get all video and written evidence which the State and the police have, visit the place where the alleged DUI or criminal incident happened, get photos and/or video if necessary, speak with any witnesses, and subpoena witnesses for trial if they will be favorable or have made statements tending to exonerate you. In DUI trials we dig into the type of breath test device used and will be prepared to explain to the jury the vagaries and inaccuracies of the device and how it has been tested and used. In white collar crime cases, when we represent the injured investors, we move quickly to prevent the dissipation of assets. When we represent the defendant, we challenge any attempt to preclude the defendant’s use of assets to defend himself and search for violation of constitutional and other rights which may exclude evidence. By the time all of this is done, and several members of the firm meet and analyze the trial and the evidence, we will be ready for trial – ready to present evidence and cross-examine the State’s evidence to present your case in the best possible light. We will highlight points for the judge or jury to understand that there really is reasonable doubt that you were DUI or committed the alleged crime.
We use these motions to challenge whether there was probable cause for your arrest in the first place. If we win that motion, your case is over. Other motions are used to exclude evidence which is unduly prejudicial or gathered by the police in violation of your Constitutional rights – including searches without warrant or incriminating questions and answers without notifying you of your right to remain silent. In DUI cases, issues which may be presented include whether the stop of your vehicle was valid, whether the office performed field sobriety tests according to NHTSA (National Highway Traffic Safety Administration) protocol, whether the officer properly explained, demonstrated, and scored the tests, and whether the officer embellished his observations which he claims show that you were intoxicated. By the time the pre-trial motions are completed, the chances are good that your case can either be favorably resolved or be well presented to the judge or jury.
Judge or Jury?
A trial by a judge is called a “bench” trial. A trial by a jury is obviously called a jury trial. We spend a lot of time in court, and we get to know whether we believe a judge will be fair and whether pre-trial motions are carefully considered. If a judge scores high on our fairness meter, we probably will suggest to you that go for a bench trial. If not, we will attempt to tailor the jury for the best possible panel to judge the facts in your case. We do this by the use of peremptory challenges (we get 5 in misdemeanor cases and 7 in felony cases). A peremptory challenge allows us to dismiss a potential juror for any reason or no reason. We can also use an unlimited number of challenges for cause if there is a reason which the juror cannot be fair in judging the facts in your case.
In addition to DUI and criminal cases generally, our attorneys have handled investment fraud and white collar crime including RICO cases on behalf of investors and defendants. Our business background gives us insight into evidence which is important to bring into trial or try to exclude, and how liability may be shifted or shared for the benefit and protection of our clients.
Our trial philosophy ensures that you receive the best possible representation. If you need help with your DUI or criminal case, please contact us for a free consultation.