Being arrested for OWI/DUI gets underway a lawful procedure that will dependably experience different processed or stages. Every one of these stages has a specific function and is a consequence of either the country’s constitution or different statutes and court rules.
After the primary traffic stop, investigation and arrest, an individual’s case will be booked and start its adventure through the judicial system. The period of time it takes to completely resolve a person’s case will rely upon its specific subtleties. When you have been arrested, you will be conveyed to the police station for booking. At this stage, you might be kept in a holding cell until two things occur: the police trust you are calm enough to be released, and you or somebody you know post your bail.
Your case will start with an initial court appearance which is known as an arraignment. The purpose behind the arraignment is to figure out what measures are important to both guarantee your appearance at future court hearings and furthermore to protect the community while your case is pending. This implies notwithstanding any money that you might be required to deposit with the court to guarantee future appearances, the court may likewise order conditions on your bond. At the arraignment, the defendant will also enter his or her plea and the bond conditions will be set.
The applicable court rule reads in part as follows:
Court Rule on Bond Conditions: subject to any condition or conditions the court determines are reasonably necessary to ensure the appearance of the defendant as required and the safety of the public, which may include requiring the defendant to: comply with restrictions on personal associations, place of residence, place of employment, or travel; make reports to a court agency as are specified by the court or the agency; act in accordance with a specified curfew; participate in a specified treatment program for any physical or mental condition, including substance abuse; surrender driver’s license or passport; avoid the use alcohol or illegally use any controlled substance; not possess a firearm or other dangerous weapon; or remain in the custody of a responsible member of the community who agrees to monitor the defendant and report any violation of any release condition to the court.
This is the term used to depict the different strategies utilized by your lawyer to gain proficiency with the majority of the certainties about your case that are known to the police and prosecutor. This will incorporate things like the narrative report prepared by the officer that arrested you, any video recordings that may exist, and any maintenance records kept by the state about any chemical test that may have been taken amid your arrest.
Despite the fact that this is a standout amongst the most essential phases of your case, it will happen for the most part behind the scenes. In other words, discovery does not take place in the court of law. Your lawyer ought to educate you concerning the information he or she learns about your OWI/DUI case, and ought to likewise provide you with duplicates of everything for your own review and documentation. This data will likewise fill in as the premise of your legal counselor’s examination of the strengths and shortcomings of your case.
The following thing that occurs in an OWI/DUI case is at least one pretrial. A pretrial is basically a scheduling conference, and your participation will normally be required. The reason behind a pretrial is to permit the prosecutor and the defense lawyer to examine what should be done to set up the case for trial, or to decide whether the case can be settled without a trial. The choices to consider would essentially be to adjourn the pretrial to another date, to schedule the hearing on a pretrial issue, to schedule a jury selection and trial date, or for you to plead guilty based on the plea/sentence bargain that your lawyer would work out for your benefit.
The expression “motion” is utilized to portray the different written arguments that your lawyer may make to either expel or altogether reduce your pending OWI/DUI charges. As a rule, motions are utilized to address statutory and constitutional violations. Whenever your lawyer requests that the judge make a legitimate finding or ruling about some part of your case it will be vital for the person in question to file a written motion. So for instance if your lawyer trusts that there was an unlawful stop of your vehicle, or that your arrest was unlawful, or that the proof got (breath or blood test results) ought not be admitted into proof, at that point a motion will be important to bring these issues to the court’s consideration.
DUI Evidentiary Hearings
In the event that the motion filed will require the court to hear testimony from at least one witness, at that point an evidentiary hearing will be scheduled. This isn’t a trial on the grounds that the determination here isn’t whether the prosecutor can meet his or her burden of proof, yet rather the intention is to request that the court make a ruling, before trial, on some part of the proof, hence the expression “evidentiary hearing.”
At last, the real OWI/DWI trial happens soon after the pretrial motions are finished. Although most cases are settled before this event, your case may go before a jury. On the off chance that you are found not guilty, all charges will be dismissed. In any case, if the prosecution demonstrates you committed the offense being referred to, you will be sentenced not long after your trial. Penalties for OWI/DUI may incorporate jail time, license suspension, community service, and fines.
OWI Case Length
One of the principal questions numerous individuals ask subsequent to being charged with OWI/DUI is “to what extent will this procedure take?” Typically, most OWI/DUI cases take between 4 to 6 years to completely resolve; be that as it may, each case is special, and the details of your specific case will decide to what extent it takes to reach the resolution.
There are certain factors that can determine the length or period of time it takes to resolve your case. For example, if the court in which your case is being heard has an enormous caseload, it may take longer to get your case scheduled for trial.
Another deciding factor in general case length is the time it takes your defense lawyer to finish his or her investigation. A careful investigation incorporates requesting every single essential record, reports, police recordings, and blood alcohol test results related to your case.