How Your Criminal Attorney Can Help - What Can You Expect From Your Court Case
If you've been detained for a DUI, your first call needs to be to a DUI lawyer.
The reason is that DUI convictions carry with them steep penalties that can hurt you for many years.
Your attorney will not only defend your case, he/she will also inform you of the state's DUI charging process.
Each state follows the basic steps; however, specific steps can vary based on the state you are being charged in.
Once you are arrested for DUI, you'll be put into custody, read your Miranda rights and taken to the police department to be booked.
Once booked, you'll be put into a holding cell or jail.
Next, you'll be given the option to post bail so that you are released from custody pending your court hearing.
When you show up, the bail monies you posted will be given back to you.
If you don't post bail, you remain in custody until your court hearing.
Your first court appearance will be an arraignment.
Arraignment does not mean you get to argue your case.
It's just a simple judicial step where you're formally charged with the crime(s) and you plead either Not Guilty, Guilty or (in some states) No Contest.
During this time, you will have the chance to converse with your public defender if you don't have the capability to hire a private lawyer.
Even though this is your arraignment, you should already have legal representation at your defense because he/she can advise you on what to say and what to do.
Regardless if you have a defense strategy or not, plead "Not Guilty" at the arraignment.
Once the hearing is complete, the judge will lay out your release conditions and set forth a date for your next court date.
Before you attend the pretrial hearing, the DUI attorney you hired will need to be examining your case.
He/she will do this by requesting police reports, Breathalyzer results along with other information.
This request is also called "discovery" and it can help your attorney to "discover" any holes in the prosecution's case against you.
This hearing is generally held to make sure that your case is continuing on a good pace to be resolved.
During the hearing, your lawyer will talk with opposing counsel about the kind of deal the state is proposing.
This is also the time both parties will inform the court of motions they would like to have heard.
A continuance may also be granted if your attorney needs additional time to discover evidence or chat with the prosecutor.
If you choose to turn down the state's offer, your case will continue further and more court dates are going to be set.
It's not uncommon to have more than two or three pretrial hearings.
Next, you'll have the motions hearing and trial.
What are motions? These are legal arguments as to why evidence should or should not be thrown out of court.
There are all kinds of pretrial motions a criminal attorney can file; the DUI lawyer you hire will know what motions apply to your case.
Motions often lead to evidence suppression, usually leading to how strong the prosecution's case is against you.
If evidence is suppressed, the lead prosecutor may cut you a better deal or throw out the case entirely.
During trial, the prosecution will present the evidence it has against you.
Like any case such as a DUI case, there are several factors that the prosecution must prove to get a conviction.
Your attorney will try to disprove these factors.
Remember that even though you are prepared for trial, it doesn't mean you feel less stress; it just means you can wade through the process a little easier.
The reason is that DUI convictions carry with them steep penalties that can hurt you for many years.
Your attorney will not only defend your case, he/she will also inform you of the state's DUI charging process.
Each state follows the basic steps; however, specific steps can vary based on the state you are being charged in.
Once you are arrested for DUI, you'll be put into custody, read your Miranda rights and taken to the police department to be booked.
Once booked, you'll be put into a holding cell or jail.
Next, you'll be given the option to post bail so that you are released from custody pending your court hearing.
When you show up, the bail monies you posted will be given back to you.
If you don't post bail, you remain in custody until your court hearing.
Your first court appearance will be an arraignment.
Arraignment does not mean you get to argue your case.
It's just a simple judicial step where you're formally charged with the crime(s) and you plead either Not Guilty, Guilty or (in some states) No Contest.
During this time, you will have the chance to converse with your public defender if you don't have the capability to hire a private lawyer.
Even though this is your arraignment, you should already have legal representation at your defense because he/she can advise you on what to say and what to do.
Regardless if you have a defense strategy or not, plead "Not Guilty" at the arraignment.
Once the hearing is complete, the judge will lay out your release conditions and set forth a date for your next court date.
Before you attend the pretrial hearing, the DUI attorney you hired will need to be examining your case.
He/she will do this by requesting police reports, Breathalyzer results along with other information.
This request is also called "discovery" and it can help your attorney to "discover" any holes in the prosecution's case against you.
This hearing is generally held to make sure that your case is continuing on a good pace to be resolved.
During the hearing, your lawyer will talk with opposing counsel about the kind of deal the state is proposing.
This is also the time both parties will inform the court of motions they would like to have heard.
A continuance may also be granted if your attorney needs additional time to discover evidence or chat with the prosecutor.
If you choose to turn down the state's offer, your case will continue further and more court dates are going to be set.
It's not uncommon to have more than two or three pretrial hearings.
Next, you'll have the motions hearing and trial.
What are motions? These are legal arguments as to why evidence should or should not be thrown out of court.
There are all kinds of pretrial motions a criminal attorney can file; the DUI lawyer you hire will know what motions apply to your case.
Motions often lead to evidence suppression, usually leading to how strong the prosecution's case is against you.
If evidence is suppressed, the lead prosecutor may cut you a better deal or throw out the case entirely.
During trial, the prosecution will present the evidence it has against you.
Like any case such as a DUI case, there are several factors that the prosecution must prove to get a conviction.
Your attorney will try to disprove these factors.
Remember that even though you are prepared for trial, it doesn't mean you feel less stress; it just means you can wade through the process a little easier.
