There aren't many arrested on driving under the influence (DUI) charges who fail to realize the seriousness of the situation. The punishment can be severe, which is why you need to get a criminal defense attorney onboard as soon as possible. Even with an attorney, however, you will need to know what's happening at all times. Read on for a step-by-step guide on what to expect after a DUI arrest.
The Arraignment: This meeting takes place soon after your arrest and is your first official appearance. You will then be informed of the charges against you and asked how you plead. It's best to plead "not guilty" at this time. Then, you will be asked whether or not you have an attorney and then appointed one if you cannot afford to hire your own. Lastly, you will be informed of your bail amount. You can either pay the bail or have someone contact a bail bonding agent for you.
Pretrial Events: You may be offered a plea bargain. Depending on the exact circumstances of the case, you may be provided with the opportunity to plead "guilty" and be immediately sentenced. The agreement may be to a lesser charge, such as reckless driving, and will often mean a lower level of sentencing. Be sure to discuss plea bargain agreements with your defense attorney—not all deals are good deals.
If a trial is scheduled, discovery begins. This means that information about the case, such as evidence, is shared between the defense and the prosecution.
Hearings and Jury Selection: In many cases, your presence is not called for at every pretrial hearing or jury selection, though that varies by location. Taking a role in your defense is seldom a bad idea, however. Jury selection usually takes place in a matter of hours and opening statements may take place on the same day.
Testimony: Most people view this part of the trial as the only important part. The prosecution will call witnesses to the stand. For a DUI trial, that might include the arresting officers in the case. Evidence, such as blood alcohol concentration (BAC) results are presented. Camera footage of the stop and arrest are often shown at trials. The defense can cross-examine any prosecution witnesses and then it's your turn to defend your charges. Your own witnesses might be experts who dispute the result of the field sobriety testing, for example. Closing arguments by each side end the testimony portion of the trial.
Jury Deliberation and a Verdict: The jury is excused and returns with a decision. In some cases, those found guilty are sentenced immediately. In other cases, sentencing takes place in a separate hearing.
Speak to a criminal defense attorney to learn more about what to expect with your DUI case.
Share28 May 2019
When it comes to fighting in court, it isn't always easy to stay strong, stable, and secure in your convictions. Fortunately, by working with a great lawyer, things become much easier. About ten years ago now, I was accused of a crime that I didn't commit, and it was really heartbreaking. I started thinking about what to do, and a friend of mine suggested working with a great lawyer. It was incredible to see how much help the lawyer was, and within a few months, I was proven innocent. This blog is here to help people who might be fighting legal battles of their own.
