The Process Involved In A Dui Sentencing

The first thing which anyone should do immediatelydocumentation. All of this is done in order to assist your
they are arrested for a DUI charge is to hire a DUIlegal representation in forming a credible defense for
attorney. It is absolutely vital that you do this. There areyou. This process is often referred to as
many long and far reaching consequences of being‘discovery’.
convicted for a DUI. None of these are appealing. InThe pre-trial hearings are aimed at ensuring that a
order to stop or at at least limit the amount of damagecase is advancing at the right pace. The counsels of
which a DUI conviction will cause, you need theboth parties are also expected to present the various
assistance of DUI lawyer. Depending on the state inmotions which they wish to be filed. In the event that a
which your arrest took place, your attorney will be abledefense attorney finds that he/she needs more time
to provide you with important insights as to what tofor discovery such extensions (known as continuance)
expect.may or may not be granted at a pretrial hearing. It is
Subsequent to a person’s arrest, he/she is thenalso during this period that a defense attorney will try
taken to the police station where he is placed in ato speak with the prosecutor in order to discover what
holding station after the person has been booked. It isdeal—if any—is being offered by the state. The
only after this has been done that the option of payingdefense attorney can then either choose to accept
for bail emerges. However, the decision to pay bail isthe offered deal or continue with the case at which
optional. For those who chose not to or are unable topoint a new court date will be set. Many cases end up
pay bail, they police will retain custody of them until thehaving more than one pretrial date.
time of the court hearing. For people who do post bail,The motions hearing and eventual trials are the next
such moneys are returned when they turn up for theirstep to be found. During the motion hearings,
first court appearance.arguments are made by the defense on why the
The first appearance in court is also known as ancase should not be attended to by the court. If the
arraignment. This process is merely procedural indefense counsel should succeed the case is then
nature and intent. Here, a person is asked to pleadthrown out. There are many different motions available
either guilt or not guilty. For people who have not beenand the decision of which is most applicable to your
able to hire an attorney, the period of arraignmentcase will be decided by your DUI lawyer. Motions can
provides them with a chance to accomplish this.also be used in the suppression of evidence being
However, if the option is within your means it is best ifoffered by either side. This can go a long way in either
you have already hired a DUI attorney long before this.strengthening or weakening the case of the defendant
More often than not a DUI attorney will advise peopleor prosecution.
to plead “Not Guilty” even if their case appearsThe trial is where all the evidence that the state has
weak in way of defense. Subsequent to aagainst you comes into play. The prosecution will use
person’s plea, the date for the next hearing will bethis to prove evidence of your guilt. However, just like
set by the judge. This is accompanied with themost criminal cases, these elements will have to be
judge’s outlining of the terms of release.proven in order for the state to get a conviction. By
The next court appearance is known as the pretrialbeing able to disprove one or more of the evidence
hearing. But, before the date is reached, a person’sheld against a client, a skilled DUI lawyer can
DUI attorney is expected to have gone through thesuccessfully win the case. In the end, preparing for the
evidence possessed by the state against his client.various stages of court appearance might not be able
This involves looking over the reports submitted by theto remove the mental strain, but it certainly will help you
police as well as those of breathalyzer tests and otherget through the period better.