DWI / DUI Anatomy of a Trial
DWI / DUI Anatomy of a Trial
DWI DUI What Happens In A Criminal Trail For DWI/DUI Arrest by Sharon Beth Morris, Attorney at Law
The Anatomy of a Criminal Case and ARREST.
The person suspected of committing a criminal act is arrested.
If the target person is not immediately arrested, that doesn’t mean that he or she won’t be. It means that the police are continuing to investigate the incident and are trying to obtain sufficient evidence to arrest the target person.
RELEASE.
After arrest, the police can release a person O.R., on their own recognizance, in which case bail does not have to be posted.
BAIL AMOUNT.
A misdemeanor DUI bail amount is ,000. When setting bail, the judge must assume that all of the allegations against the person in custody are true. However, bail amounts must be constitutionally reasonable.
ARGUING FOR AN O.R. RELEASE.
In urging the court to release our client O.R., we argue that our clients have strong ties to the community, that they have hired us to assist them through the process, that they are not a flight risk and will appear at each and every court appearance set.
THE POLICE WRITE A REPORT.
The police agency writes a report regarding the incident.
ATTEMPT TO PREVENT.
In the event that the target person is not immediately arrested, we can be hired at this point while the investigation is ongoing to try to attempt to prevent a criminal filing against him or her in criminal court.
THE POLICE SUBMIT THEIR REPORTS TO THE PROSECUTOR.
After the investigation into the situation is complete to their satisfaction, the police agency submits their findings to the prosecutor who is in charge of deciding whether or not to file the case against our client in criminal court. The prosecutor must keep in mind here the standard that applies to all criminal cases: CAN THEY PROVE OUR CLIENT GUILTY BEYOND A REASONABLE DOUBT? EVEN ONE JUROR WHO DOES NOT FIND THAT THE REASONABLE DOUBT STANDARD HAS BEEN MET MEANS THAT OUR CLIENT IS NOT GUILTY and a hung jury is declared.
INFORMAL PROSECUTOR OFFICE HEARING.
There are cases where we are able to convince the prosecutor to hold an informal hearing in their offices instead of filing a criminal case against our client. After an informal discussion of the event, our client is most often released with no penalty.
ARRAIGNMENT.
This is the first court appearance in all criminal cases. The discovery, or the documents in the prosecutor’s possession that relate to the case is turned over to us at this proceeding.
MISDEMEANORS.
Misdemeanors are “low grade” offenses, petty theft, DUI, driving on a suspended license and possession of less than an ounce of marijuana are examples.
PRETRIAL CONFERENCE.
The pretrial conference is set about a month after arraignment. At a pretrial conference, we conference, or discuss, the case with the prosecutor. We speak to the prosecutor about the weaknesses in the prosecutor’s case to amplify the reasonable doubt standard that applies to all of our clients.
DISCOVERY.
After a review of the initial documentation that the prosecutor provides to us at your arraignment, we may find that there are holes in their case that we need more information on. It is the prosecutor’s duty to provide any and all information that can help our client.
There are also times when we seek information without the prosecutor’s assistance directly through the agency that we believe holds the documentation that we seek: for example, subpoenas to a casino for video surveillance tapes or to a hospital for medical records.
THE PROSECUTOR’S OFFER.
The offer is an offer to settle the case short of going to trial.
OUR COUNTER OFFER.
Perhaps right after the prosecutor’s offer or, more likely, on a future pretrial conference court date, we make a counter offer if appropriate. In a DUI case where the breath test results are .09, .10, and the prosecutor’s offer is to plead no contest to a standard DUI, we may make a counter offer for a no contest plea to a reduction to a DUI charge.
HIGHER UPS.
If the prosecutor in court is unreasonably inflexible and we feel it appropriate, we will schedule an in person or a telephone meeting.
YOUR DECISION.
At the “end of the road,” you have a decision to make. WILL YOU RESOLVE THE CASE SHORT OF TRIAL THROUGH A PLEA BARGAIN OR WILL YOU GO TO TRIAL? We will guide you throughout this process.
FELONIES.
Felonies are “high grade” offenses. YOU MUST APPEAR IN COURT WITH US IF YOU ARE CHARGED WITH A FELONY. For example, in a voluntary manslaughter case, the possible state prison terms are 3, 6 and 11 years.
ENHANCEMENTS:
These are further allegations by the prosecutor that serve to increase the period of custody time above and beyond the statutory