Criminal Courts
If you’re like many drivers arrested for California DUI, facing your charges in court is probably a daunting proposition, particularly if it’s your first encounter with the criminal justice system. Having an experienced California DUI attorney at your side who can explain every stage of the court process can help ease your mind considerably. A skilled California DUI attorney from The Kavinoky Law Firm can guide you through the court process throughout your drunk driving case.
The court process for your California DUI case depends on whether your case is charged as a misdemeanor or a felony. If you’re facing a first- or second-time California DUI charge that didn’t involve an accident, injury, death or significant property damage, your case will likely be charged as a misdemeanor. If your DUI arrest involved an accident or resulted in serious injury or death, it will almost certainly be charged as a felony. Misdemeanors are punishable by up to one year in county jail and other repercussions, while felonies are punishable by a year or more in state prison as well as fines and other consequences.
Both misdemeanor and felony DUI cases begin with an arraignment, but felony cases must then proceed to what’s known as a preliminary hearing to determine whether there is enough evidence to take the case to trial. If the judge determines that there is enough evidence to proceed, then you must be arraigned again so that you can enter a plea.
During arraignment or later, your California DUI lawyer will likely introduce motions on your behalf. Motions are official requests to the court to take specific action. Some common motions employed in California DUI cases are a motion to suppress evidence, a motion to dismiss, a Pitchess motion, a motion to split a blood sample, and a motion to strike prior convictions. The judge will hold a hearing to rule on any motions filed in your California DUI case.
In some cases, your California DUI attorney may negotiate a favorable plea bargain on your behalf. This is how you can avoid trial in your California DUI case. A skillfully negotiated plea bargain will result in reduced charges and/or punishment. However, in other cases, it’s better to take the case to trial.
A California DUI trial begins with jury selection, then proceeds to opening statements. Then both the prosecution and defense will call witnesses and introduce evidence. Each side will be allowed to cross-examine the other side’s witnesses. Then both sides will deliver closing arguments and the jury will deliberate. If the jury reaches a verdict, it will be announced in the courtroom. If the verdict is guilty, the judge will then schedule a sentencing hearing.
The prospect of facing a judge and jury in a California DUI case is understandably nerve-wracking, but having a top defense lawyer at your side can help you get through the process. To learn more about the criminal court process in drunk driving cases, please contact a knowledgeable California DUI lawyer from The Kavinoky Law Firm today at 1-800-NO-CUFFS for a free consultation.
