Felonies – From Arraignment Through Jury Trial
A California DUI arrest can be charged as a felony for several reasons. The felony DUI charges can be based on the number of prior drunk driving convictions – the fourth driving under the influence arrest in 10 years, as calculated from arrest date to arrest date— may be charged as a felony DUI. A felony DUI can also be charged based on someone other than the driver being injured in a drunk driving accident. This kind of felony DUI can be alleged even if it is the first offense for the driver. If a drunk driving accident results in a death, it can be charged as a vehicular manslaughter, which is also a felony. A California DUI case that results in a death can even be brought as a murder case, and result in a sentence of up to life in prison.
Just like a misdemeanor DUI, a felony drunk driving case begins in court with the arraignment. The felony arraignment is where defendants are formally advised of the charges they are facing, the potential punishment for those charges, and they are given the police reports and other investigative materials that prosecutors will be relying upon in proving the charged offenses. The defense may choose to enter a plea at that time, or may continue the arraignment to a future date.
Once a plea of not guilty has been entered, the case is set for a a pre-trial conference, leading up to a preliminary hearing. The preliminary hearing is the most significant event for the felony defendant outside of a jury trial. A preliminary hearing is like a mini-trial, except it takes place solely in front of a judge, there is no jury present. However, just like a trial, live witnesses are called into court to testify, and these witnesses are subject to cross examination by the defense attorney. The judge at the preliminary hearing listens to the testimony and other evidence presented, and makes a determination as to whether to “hold the defendant to answer” for the charges alleged.
The judge has a tremendous amount of discretion at the preliminary hearing. He or she can hold the defendant to answer for the felony charges, can reduce them from felonies to misdemeanors, or can determine that there is insufficient evidence and dismiss the case entirely. Also, because the defense is not permitted to take depositions in criminal cases, cross examination of the witnesses at the preliminary hearing may be the only opportunity to pin down the witnesses’ testimony prior to trial. Because of this, and the power the judge has to dismiss the charges, the preliminary hearing is a hugely significant event in the life of the felony DUI case.
Assuming the defendant is held to answer, either for a felony DUI or a reduction to misdemeanor drunk driving, there are then a series of pretrial conferences where the attorneys can litigate various motions, all leading up to a jury trial. Of course, the case can be resolved by way of a negotiated plea anywhere along the way.
Felony DUI arrests are serious, and carry significant punishment. Please contact The Kavinoky Law Firm at 1-800-NO-CUFFS right away if you or someone you care about has been charged with a felony DUI anywhere in California. We know just how to help, and the consultation is free.
