DWI / DUI Anatomy of a Trial
the judge listens to all of the evidence and decides if there is proof to show your guilt beyond a reasonable doubt. A jury trial is where twelve members of the community are selected to listen to all of the evidence and to decide guilt or innocence.
NOT GUILTY.
This is obviously what we want to hear the clerk of the court pronounce when reading the verdict forms at the end of trial. The case is then DISMISSED and our client is DISCHARGED.
GUILTY/SENTENCING.
After this pronouncement, either our client is sentenced immediately or a date is set in the future for sentencing. If there is no legal cause why judgment should not be pronounced, the judge imposes sentence, either probation with terms and conditions or state prison.
APPEAL.
This is a plea to a higher court, the Court of Appeal, to overturn the conviction and/or sentence of the lower court, the trial court. An appeal is a lengthy, labor-intensive process and we can be hired separately for the handling of an appeal.
NOTES.
1 We cannot and will not guarantee any particular result in a criminal case. The following outline is for informational purposes so that you understand the generalities of the structures and proceedings that we see every day in our practice of criminal defense law.
2 An example of such a rare case: our client is only charged with a first offense DUI when we know that he or she actually has three prior DUIs within the relevant ten year time period.
3 There are certain exceptions to this: for example, for an arraignment on a domestic violence case, our client must appear with us. And there are times when the judge orders that you are present for some hearings.
4 There is a document called a WAIVER OF PERSONAL APPEARANCE under Penal Code section 977B which is applicable in felony cases and we can in certain circumstances ask the judge to allow us to appear in court for you. This waiver has limitations, though, and even if the judge allows the waiver, you must appear for your arraignment and all other significant court appearances like the preliminary hearing, the taking of a plea and other proceedings during which someone testifies under oath.
LET US PROTECT YOUR RIGHTS!
Sharon Beth Morris graduated from Pepperdine University School of Law after receiving her undergraduate degree from the University of California at Santa Barbara, she also handles the firms DUI and DMV matters.
Telephone: (818) 990-5551 Facsimile: (818) 990-5531 Pager: (818) 218-9463 Email: [email protected] Mailing Address: 15300 Ventura Boulevard Suite 300 Sherman Oaks, California 91403
http://www.triessl-morris.com