The first step in the process is arraignment. In this part, you will have to contact a DUI Lawyer to file your paperwork that waives your appearance at the arraignment. The attorney will appear in your behalf and decides which of the two pleas is appropriate for the case. Most DUI lawyers would choose to enter a not-guilty plea and fight the case in the court.
Next to the step is the Pre-Trial conference where the Defense attorney will file a waiver of appearance. In this part, the client may request his attorney to set the case hearing on motion for the suppression of evidences that has been recovered by the police. In a pre-trial conference, the lawyer will be the one to negotiate to the prosecutor for a lesser charges. If your lawyer can successfully negotiate and the prosecutor decides to settle in a lesser charges, there is a tendency that DUI will fall to reckless driving. However, if the case cannot be resolve and the prosecutor's decision about the penalties remains the same, the DUI lawyer will set for a jury trial.
In the jury trial, the prosecutor will be require to prove the case against you through the evidences that they have gathered. To prove that you are guilty of the crime, the six juries must agree to the side of the prosecutor. Thus, your DUI lawyer must do his best to prove that you are innocent of the crime. If the judge find you guilty, there several penalties they can hand down. Jail time is the most popular penalties for a conviction.
The process above are the basic process that a DUI defendant will undergo after the DUI arrest. The defendant will not suffer much on penalties if his lawyer can settle the case in the arraignment and in the pre-trial period. However, if the case cannot immediately be resolve during the process, the defendant still has the chance to win the case through the evidences that his lawyer has which is more stronger than the that of the prosecutor's.
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