DWI DUI What Happens In A Criminal race 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 get sufficient evidence to arrest the target person.
After arrest, the police can release a person O.R., on their enjoy recognizance, in which case bail does not have to be posted.
A misdemeanor DUI bail amount is $5,000. When setting bail, the assume must catch that all of the allegations against the person in custody are fair. 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 help them through the process, that they are not a flight risk and will appear at each and every court appearance state.
THE POLICE WRITE A characterize.
The police agency writes a narrate 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 site 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 support in mind here the standard that applies to all criminal cases: CAN THEY note OUR CLIENT GUILTY BEYOND A REASONABLE DOUBT? EVEN ONE JUROR WHO DOES NOT pick up 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 fill 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.
This is the first court appearance in all criminal cases. The discovery, or the documents in the prosecutor’s possession that report to the case is turned over to us at this proceeding.
Misdemeanors are “indecent grade” offenses, petty theft, DUI, driving on a suspended license and possession of less than an ounce of marijuana are examples.
The pretrial conference is status about a month after arraignment. At a pretrial conference, we conference, or discuss, the case with the prosecutor. We mumble to the prosecutor about the weaknesses in the prosecutor’s case to amplify the reasonable doubt standard that applies to all of our clients.
After a review of the initial documentation that the prosecutor provides to us at your arraignment, we may derive 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 abet our client.
There are also times when we observe information without the prosecutor’s assistance directly through the agency that we beget 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 decide the case short of going to trial.
OUR COUNTER OFFER.
Perhaps honest after the prosecutor’s offer or, more likely, on a future pretrial conference court date, we manufacture 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 effect a counter offer for a no contest plea to a reduction to a DUI charge.
If the prosecutor in court is unreasonably inflexible and we feel it appropriate, we will schedule an in person or a telephone meeting.
At the “kill of the road,” you have a decision to effect. WILL YOU determine THE CASE SHORT OF TRIAL THROUGH A PLEA BARGAIN OR WILL YOU GO TO TRIAL? We will guide you throughout this process.
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 place prison terms are 3, 6 and 11 years.
These are further allegations by the prosecutor that benefit to increase the period of custody time above and beyond the statutory rude, mid and high terms. Examples of enhancements are membership and acting in furtherance of a criminal street gang, having a prior prison term and causing stout bodily injury.
EARLY DISPOSITION CONFERENCE/ PRE-PRELIMINARY HEARING.
This appearance is similar to the misdemeanor pretrial conference. We bid to the prosecutor about the weaknesses in the prosecutor’s case, to amplify the reasonable doubt standard that applies to all of our clients. We deny to them about factors in mitigation, for example, a history of drug utilize, alcohol abuse, mental health issues, tough family situations, marital discord. We talk to the prosecutor about things that our client may have done after the triggering event, like attendance at a drug and alcohol rehabilitation center, AA, NA, CA and MA meetings, payment for any damages caused and the like.
THE PROBATION characterize.
In felony cases, our client, usually accompanied by us, attends a probationary interview with a plot probation officer. This interview includes the probation officer taking an in-depth apt inquiry which goes to the interrogate of whether or not our client is top-notch for probationary supervision. This is clearly the goal in felony cases. Most often, our client does not discuss the facts of the case with the probation officer. When we go to court after our probation interview and buy up the steady written probation picture, we want to examine that the probation officer whom we met with RECOMMENDS PROBATION and not site prison.
THE PROSECUTOR’S OFFER.
The prosecutor makes an offer to resolve the case. This is typically the best offer that is extended by the prosecutor in a felony case before preliminary hearing (discussed below) .
OUR COUNTER OFFER.
Many times in felony cases, our counter offer will include a interrogate to cleave the charge from a felony to a misdemeanor. If the prosecutor is situation on a prison offer, we may construct a counter offer for a ninety day diagnostic explore so that we can have another opportunity at a probation recommendation.
Again, if we feel it important and appropriate, we meet with a higher up prosecutor to seek if we can pick up a better offer extended.
In situations where circumstances prevent resolving the matter early, we travel to preliminary hearing. Preliminary hearing is a long proceeding wherein the prosecutor calls witnesses to testify in court about the event. AT THIS PROCEEDING, THE real COMPLAINING WITNESSES DO NOT NEED TO APPEAR TO TESTIFY. Under Proposition 115, the prosecutor only needs to call the police officers who investigated the event to testify. However, at the sincere trial, the complaining witnesses themselves need to reach into court and testify.
THE JUDGE’S DECISION.
At the ruin of the preliminary hearing, the believe makes a determination as to whether or not there is enough evidence to own our client to retort to any or all of the charges against him or her. The standard of proof at a preliminary hearing is not beyond a reasonable doubt. The prosecutor must demonstrate instead that there is a STRONG SUSPICION that our client is the person who committed a crime or crimes. We fight at every twist and turn during preliminary hearing. If the deem does not gain that the strong suspicion standard is met, the matter will be DISMISSED. If the case is dismissed, the prosecutor has the option to re-file the case against you or to plunge the case entirely.
MOTION TO cut.
During argument after preliminary hearing, if appropriate, we can gain a motion under Penal Code allotment 17(b) to prick the charge or charges from felonies to misdemeanors.
If the believe finds that a strong suspicion does exist and our client is held to acknowledge after preliminary hearing, he or she will state the matter for another arraignment. Again, we typically plead “NOT GUILTY” at this appearance.
Then the matter proceeds to pretrial conference. The same applies here that has been discussed above and again, there may be several pretrial conferences before trial.
At the “ruin of the road,” when we have gone absolutely as far as we can in your defense, the discovery process is complete and the prosecutor has extended its best offer, you have a decision to form. WILL YOU determine THE CASE SHORT OF TRIAL THROUGH A PLEA BARGAIN OR WILL YOU GO TO TRIAL? We will guide you throughout this process and be very straight and unbiased with you in terms of the likelihood of success at trial and our idea as to the best course of action based upon all of the facts and circumstances at hand.
There are two types of trial, a court trial and a jury trial. YOU HAVE THE CONSTITUTIONAL lawful TO GO TO TRIAL. This is proper in both misdemeanor and felony cases. A court trial is a trial where the only decision maker is the judge: the assume listens to all of the evidence and decides if there is proof to note 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 choose guilt or innocence.
This is obviously what we want to hear the clerk of the court squawk when reading the verdict forms at the extinguish of trial. The case is then DISMISSED and our client is DISCHARGED.
After this pronouncement, either our client is sentenced immediately or a date is status in the future for sentencing. If there is no honest cause why judgment should not be pronounced, the think imposes sentence, either probation with terms and conditions or status prison.
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.
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 spy 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 distinct 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 deem orders that you are expose for some hearings.
4 There is a document called a WAIVER OF PERSONAL APPEARANCE under Penal Code fraction 977B which is applicable in felony cases and we can in positive circumstances ask the believe to allow us to appear in court for you. This waiver has limitations, though, and even if the think allows the waiver, you must appear for your arraignment and all other essential 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!