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Dui Lawyers: Demystifying The Dui Arraignment Process
Sometimes after your arrest for a DUI (driving under the influence), you will have to appear before a judge for your arraignment. An arraignment is a court appearance in which a defendant is formally charged with a crime and asked to respond to the charge by entering a plea (guilty or not guilty). In this article, we will be covering what will happen at your arraignment, what your options are for dealing with the charge, and how plea bargaining works.
What will Happen at Your DUI Arraignment
The first formal appearance or formal hearing in a DUI case is called an “Arraignment”. At the first court appearance the defendant is arraigned, or informed of the charges against him or her, and given an opportunity to issue a plea: guilty, not guilty, or no contest. Upon the conclusion of the DUI arraignment, the court usually issues a bail, informs the defendant of the conditions of the bail, and schedules the date and time for the next hearing. Generally speaking, getting a DUI Lawyer involved prior to your Arraignment can help the legal process proceed smoothly. Your arraignment shouldn't be a cause for concern ...
... or sleepless nights. It is simply the first hearing in the process that will be taking care of your DUI charges.
Pre-Trial Motion Hearing
A motion is a formal request by the defense or the prosecution to the judge to issue an order. This can include motions to suppress evidence, motions to suppress prior convictions, or motions to discover evidence. All motions must be presided over or heard by the judge before a trial can begin.
Pre-Trial Conference and Plea Bargaining
In a pre-trial conference, the prosecution and the defense may attempt to negotiate a satisfactory resolution to the case, usually through a plea-bargain agreement. A pre-trial conference must be approved by the trial court. A plea bargain is a negotiation between the prosecution and the defense to agree to a satisfactory disposition of the case based upon an understanding that the defendant will plead guilty. In the event of a plea-bargaining negotiation, a dui lawyer los angeles will advise you on the potential pros and cons of agreeing to a plea bargain. If the defendant agrees to the plea bargain, the trial process is skipped and the case goes straight to sentencing.
Trial and Sentencing
At the beginning of the trial, the DUI lawyer along with the prosecutor help select the jury panel. This selection process is in place so that the defense and the prosecution can eliminate any jurors that may be biased. After testimonials and arguments are presented to the court from both sides, the jury presents their verdict to the defendant, based upon the evidence that has been provided. In a DUI case, there are four possible verdicts that can be reached: guilty, not guilty, not guilty by reason of insanity, and guilty and mentally ill. In the event that the defendant is found guilty, a trial will be set to determine the sentencing.
Appeals Process
In a criminal case, the defendant may appeal the decision of the lower courts to a Federal Court of Appeals for judicial review. The appeals court is not required to take all cases that are submitted for review; the appellate must show that the court made a legal error that affected the outcome of the case. The appeals process requires several steps. The appellate attorney will present legal arguments to a panel of three judges presiding over the case in a formal document called a brief. No new evidence or witnesses are presented to the panel. Rather, the judges make their decision based upon the record of the trial created by the court.
In the appeal of a criminal case, it is the job of the los angeles drunk driving attorney to show that the verdict was based on clearly erroneous court procedures. In the event that the panel judges are unable to come to a decision based on the arguments presented in the briefs, cases are selected for oral arguments, in which the appellate attorneys present their cases to the panel directly.
If you are charged with a crime, make sure you fully discuss your case with a drunk driving lawyer before appearing in court. Such a meeting offers an opportunity to obtain a better understanding of what to expect at the proceeding.
If you or a loved one has been accused of any DUI crime, our dui lawyers los angeles can help. The consequences for a conviction on sex crimes can be severe and life-changing. At the Manuelian Law Firm, our los angeles sex crimes lawyer will see that your legal rights are protected and that you receive a fair trial.
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