DUII Criminal Court Process

Criminal Court Process

DUII Criminal Court Process

The process of a DUI arrest consist of two governmental hearings with different procedures. The person arrested for a DUI will face a hearing in the California criminal courts and in the California Department of Motor Vehicles (DMV) for determination of their criminal convictions.

The Criminal Court process determines the criminal elements of the offense. The criminal court will determine if there are any penalties as to fines, freedom or classes to attend. As for importance, the criminal element of the DUI case is the most important, as it will affect your freedom and your criminal record that can have lasting effects on your life.

There are several stages in the court process of a DUI charge:

Arrest

After being stopped by law enforcement, and after a dtermination by the authorities that there is probable cause for a Field Sobriety Test, the authorities will make the arrest.

Bail or Release

After the arrest, in many cases a person maye be held in custody over night in the local police station, sometimes a intoxication tank. If there are no other warrants or history of other DUI convictions, the person may be released At this time, you may have to post bail or may be released on their own recognizance. In other cases, bail may be set by the court in the arraignment.

Arraignment

The arraignment is the first court appearance in the DUI criminal court process. The judge will inform the defendant of the DUI charges. The court will set a bail amount if the person being charged has not been released yet. The initial communication with the district attorney and the private counsel will commence, starting any offers of a plea bargain.

After release from custody, it is essential that the Department of Motor Vehicles (DMV) we contacted within 10 days of arrest. To request the DUI Hearing with the DMV, Stay on the license, and Discovery.

After Arraignment

After the arraignment, the parties will enter the pre-trial process. Plea Agreements will be discussed among the defense counsel and the defendant, and negotiated with the prosecutors. If a plea agreement is in the best interest of the defendant, then the parties will focus in the plea agreement.

Pre-Trial Motions and other procedures will also happen at this time, evaluation of evidence, motions to suppress evidence as well. If a plea agreement is not an option, then defense counsel and the defendant will prepare for the trial. The parties will evaluate, examine and hire the appropriate experts in examining the evidence used by the district attorney in seeking the conviction.

California DUI Trial

The final stage of the DUI court process is the trial. The trial can be a lengthy process, lasting up to several days in a DUI matter. The trial will consist of:

· Selecting a Jury

· Opening Statements by Prosecution and the Defense

· The Examination and Cross-Examination of the Witnesses

· Evaluation of Evidence

· Jury Instructions

· Jury Deliberation

· Verdict

· Sentencing by the Judge determining the appropriate sentence

· Post Trial Motions

The DUI criminal court process is a complex matter that can have a lasting effect on your freedom and your life. For this reason it is essential that you have someone by your side representing you that is experienced in the DUI court process. The Los Angeles DUI Lawyers of the Law Offices of Ramiro J. Lluis have over 30 years of experience in representing clients facing DUI charges in California. Call today and schedule a free consultation.

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