As a first time DUI offender, we can conveniently speak of your fear of the unknown especially when you have little or no legal background about the offense. One thing is however exactly sure, you must be aware that driving under influence (DUI) is such an offense taken really seriously in the USA, that it attracts punishments ranging from light to heavy depending on the intensity, frequency and destructive aftermath of the offense. Basically, you can expect charges from misdemeanor to felony.
You therefore have to have a projection of expectations once you are arrested so as to have the best way out of every challenge an arrest or charge may pose against you. Chances are that you have read from legal websites and blogs with little or no resources on DUI trial expectations, but rather as many as possible documentaries on the need for a DUI attorney Denver among similar topics. While the latter is useful, the former is needed to plan your defense based on history and previous experiences. It is called learning from the fig tree.
Once you are pulled over by law enforcers for DUI check, the process of conviction would begin almost immediately. From field sobriety test to chemical tests, chances are that you would be provided with more than a test option to have you booked. Whether in a way you like or otherwise, all these processes may land you in the trial via charges leveled against you. Thus, you basically need the assistance of an experienced Denver DUI attorney to scale through by soliciting either case dismissal or reduction in punishments. However, it is important to have an idea of what to expect during the trial process.
Arraignment:
DUI trials are usually not a complex legal process. They begin with the arraignment. This is your first time of appearance before the judge for your hearing. Arraignment usually takes place the morning after your arrest on a DUI charge. However, it can also be scheduled for later. The judge would read all charges against you to your hearing and you are expected to plead guilty or otherwise. It is best that your Denver DUI Attorney stand in for you here.
Trial opening statements:
In a DUI trial, both the defense and prosecuting counsel would be allowed space for the opening statement. However, this step could be skipped if your trial is before a judge. This doesn’t also negate your right to request a jury trial if the crime with which you have been accused carries a penalty of 90 days or more incarceration. An experienced DUI attorney would most likely advise you not to waive your right to the opening statement as that may set a tone to help win the jury over right from the beginning of the trial.
Presentation of witness and evidence:
This usually follows the opening statement. Prosecution defense would most likely be the first to call on witnesses. Your attorney would have the chance to ask the witness questions too. Similarly, your attorney reserve the right to ask prosecution questions. An experienced attorney would know the right questions to ask in favor of your case. A prosecution may also call you and ask you questions in front of the court. You are advised to answer questions in all honesty except the ones you know may jeopardize your case (you are protected under the constitution to refuse to testify for yourself). Rather than answer, you could just allow your attorney to speak for you. Make sure you don’t hide information from the jury. This might make you look guilty when you are really not. Further, because testimony is a huge deciding factor in your trial, your attorney should be able to help you testify correctly by adding credibility to your story. Be open to him to help you. All of these would be factored into case examination and cross-examination.
Closing arguments, jury decision and sentencing:
After examination and cross-examination of evidence and witness testimonies, attorneys from both prosecution and defense we would be given an ambiance to summarize their case. Closing arguments in these lights are really important, especially in jury trials than the ones in the form of a judge. Your lawyer should be able to make a strong closing statement in favor of your defense. The jury will meet shortly after to minute overall evidence and issue a decision on whether you are guilty or otherwise. If you are found not guilty, you are free, otherwise, you would be sentenced to a court that would explain you're criminal penalties.
The above in the basic light should summarize your expectation n a DUI trial in the USA. However, you could meet some negligible differences in reality as this is not like a rehearsed script or rubberstamp of efficiency for all DUI trial.
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