Yes , step 1 is to get all the background information about everything that happened the daynight of the incident and see if there are any possible defenses or mitigating factors that I can use to my advantage . As I ' m sure you ' re aware , most cases just settle or the defendant takes the plea bargain and never goes to trial . So there isn ' t much to do as far as legal research as its undisputed that my client was in fact the one driving the car . The only issue I researched was what constitutes extraordinary circumstances , which if present , would allow the judge the discretion to sentence him to probation instead of the statutory minimum of 3 years . As far as emotionally , the widow of the deceased has testified in court and things get heavy , but I have to remain a professional , so yes I will appear desensitized .