Drunk Driving Criminal Case
There are many steps in a DUI criminal case, it starts with the drunk driving arrest and if found guilty, ends with sentencing. It is important to have an experienced Arizona DUI attorney on your side through as many of these steps as possible. Someone to answer your questions and protect your freedoms.
 The steps in a drunk driving criminal case:
- Arrest
- Arraignment
- Discovery
- Preliminary Hearing
- Motions
- Plea Bargaining
- Trial
- Sentencing
- Appeal
Arrest:
If a law enforcement officer sees a crime committed in his presence, he may immediately arrest the person he believes is responsible. Otherwise, the officers will conduct an investigation to try to develop probable cause. Probable cause is that quantum of evidence that would lead a reasonable person to believe that a suspect has committed a crime. If the officers develop probable cause to believe that a suspect committed a crime, they may make an arrest. Sometimes, officers will conduct an investigation and simply turn their information over to the prosecuting authority in the jurisdiction. The prosecutor may then file a case and ask a judge to issue an arrest warrant which allows them to arrest a person at any place he or she might be found. Once arrested, the suspect is brought before a judge to be arraigned.
Arraignment:
When a person is brought before a judge and informed of the charge against them they are "arraigned". In misdemeanor DUI cases, the defendant may be asked to enter a plea of not guilty or guilty. An experienced DUI attorney can enter a plea of not guilty on your behalf. After the plea, the judge may set conditions of release, impose bail, or order you to stay in jail.
Discovery:
An Arizona DUI lawyer’s first duty is usually to obtain discovery. Discovery is all of the information that the prosecutor and police have that is relevant to the case. Police reports should be ordered immediately. An attorney will also want to request videotapes, audio tapes of 911 calls, dispatch calls and interviews, photographs, diagrams, laboratory reports regarding breath, blood, DNA and forensic evidence, logbooks, field notes and witness statements, among other discoverable items. Prosecutors must generally provide this information. If they refuse, an attorney can file a motion to compel their production. A DUI defense attorney may also want to conduct his own investigation in which he visits a crime scene, interviews witnesses, or has his own tests performed. Sometimes, defendants will hire experts to review the evidence and give an opinion. Once discovery has been completed, an attorney and defendant can discuss the evidence and assess the case.
Preliminary Hearing:
A defendant charged with a felony is entitled to a preliminary hearing. At such a hearing, the prosecution must put on evidence sufficient to demonstrate that there is probable cause that a felony has been committed and that the defendant is the person who committed the crime. This is an opportunity for the defense to evaluate the government's witnesses and to obtain more information about the case. If probable cause is found, the defendant is bound over for trial and asked to enter a plea of not guilty or guilty.
Motions:
Sometimes after reviewing the evidence obtained through the discovery process, defense counsel will wish to file motions to limit the introduction of evidence at a trial or to have a case dismissed altogether. Many times these motions will be made in an effort to suppress evidence obtained through a potentially illegal search or seizure. If the evidence is thrown out, the case may be dismissed. Counsel may file motions to prevent the introduction of evidence which may be irrelevant or so prejudicial as to prevent a fair trial
Plea Bargaining:
All trials carry the risk of conviction. Thus, defense counsel and his client may determine after a review of the evidence that a negotiated settlement of the case should be considered. Sometimes, a prosecutor will agree to reduce the charges or to make a favorable recommendation regarding sentencing. If an offer is made that provides enough incentive for the defendant to waive his right to a trial, a plea bargain may be entered into between the parties to resolve the case.
Before a judge can accept a plea of guilty from a criminal defendant he or she must determine that the plea is freely and voluntarily given and that the person understands the rights he or she is waiving. Thus, a judge will usually inquire as to whether the person understands that he is waiving a trial by pleading, waiving the right to confront and cross-examine witnesses, waiving the presumption of innocence, and waiving the right to most appeals. He will also want to know whether any threats or promises other than the plea bargain have been made in order to get the defendant to plead guilty. If a judge is satisfied that the plea is voluntary and knowing, and that there are facts to support the plea, he will accept it. He will then sentence the defendant. A judge is never a party to the negotiations and is not bound by them. Most times, a judge will consider the negotiations and defer to them. However, a judge may sentence a person who pleads guilty to any sentence within the minimum and maximum ranges allowed by law.
In Arizona DUI cases, the prosecutor and defense attorney are prohibited from entering into a plea bargain that would avoid the mandatory minimum sentence required by the law.
Trial:
All persons accused of DUI in Arizona are entitled to a trial by a jury. If a jury is requested, a panel will be selected and then pared down by the attorneys and judge to only those who are ostensibly fair and impartial. The jury will then hear the evidence and decide guilt or innocence.
The prosecution has the burden of presenting evidence and proving beyond a reasonable doubt that person is guilty of the crime with which they are charged. A defense attorney may cross-examine the government's witnesses to advance his client's defense. After the prosecution has presented all of its evidence, the defendant is given an opportunity to present any evidence he wishes.
A defendant is never required to testify at his or her own trial. Whether to do so is a decision for the defendant to make with the help of his or her attorney. If the defendant does testify, the prosecutor may cross-examine him. The defendant may put on other evidence in his or her defense, but is not required to.
If a jury finds that the government has not proven its case beyond a reasonable doubt, it should return a verdict of not guilty. If a jury cannot decide, a hung jury may be declared and the case retried. If the jury finds the defendant guilty, he or she is sentenced by the judge.
Sentencing:
At sentencing, both the prosecution and defense may make arguments and/or put on evidence concerning the appropriate sentence for the defendant.
Appeal:
If a person has a trial and is found guilty, he or she may appeal. Usually, one appeals some decision of the trial court made during the course of litigation. If the trial court made a mistake, the conviction may be overturned. If the appellate court finds that no mistakes were made, the conviction will stand and the original sentence carried out. |
