Allentown PA criminal defense lawyer
So you've been busted and charged with "driving under the influence" ("DUI") or "driving while intoxicated" ("DWI"). While you'll absolutely need a law firm to defend you in court, it can make things a lot lessbewildering tounderstand what's going to transpire in court before you talk to a lawyer.
Arraignment
The first hearing in your DWI case is certainly likelyto be an arraignment. After studying the charge against you, the judge willask you whether you plead guilty or innocent. Unless you're represented by an attorney and have talked it over carefully with your attorney, you'll choose to plead "not guilty."
If you have an legal professional, or are appointed a public defender who is present in the courtroom, the prosecutor may perhaps offer your attorneyreplications of any police reports and other documents the prosecutor is intending todepend upon in presenting the case against you (such as blood alcohol test results).
The judge will likely set the date for pre-trial motions and trials.
Preliminary Hearings
At a preliminary hearing, the judge will come to a decision whether the evidence produced by the prosecutor could (but not necessarily will) convince a jury you were driving while drunk. However, in several states, misdemeanor charges are notdisplayed at a preliminary hearing, but rather are only presented at trial. While theprocesses for this vary greatly from state to state, itcould be your attorney's opportunity to size up the prosecution's case.
"Plea bargaining" - discussing a deal with the prosecutor to plead guilty to areduced charge- is discouraged in DWI cases and has even beenoutlawed in some states. Many Pennsylvania legislators feel that DWI is such agrave law-breaking that plea bargaining is wrong.
{Pre-Trial Motions in a Pennsylvania Drink Driving Judicial Proceeding
Your attorney will likely bring motions to have explicit damaging evidence kept out of the trial. Examples of evidence that defense lawyers work hard ateliminating from a DWI trial at the pretrial motionlevel can consist of:
- Physical evidence such as alcohol bottles confiscated from the car
- Blood alcohol content testing results
- Any incriminating statements or confessions you may have made to the arresting officer(s)|
Trial for a Pennsylvania Drunk Driving
Although many DWI cases are concluded before going to trial, it'sconceivable you'll find yourself at trial. If so, the trial probably will proceed in a predictable manner, with:
- Jury selection (unless it is a trial by judge, which is fairly unusual in DWI trials)
- Opening statements by your attorney and the prosecutor, outlining the evidence each intends to present
- Testimony from witnesses
- Cross-examination of the witnesses by both attorneys
- Motions from your attorney after the prosecution has presented its case, sometimes asking the judge to dismiss the case for lack of evidence
- Closing arguments from both lawyers summing up the evidence, and arguments about how the law applies
- Jury instructions (by the judge) on the law the jury must apply
- Jury deliberation
- Jury verdict|
Sentencing for a Pennsylvania DUI
If you're convicted for Pennsylvania DUI, the judge may sentence you to:
- Pay fines
- A short jail stay
- A long jail term if you were involved in an accident where you injured or killed someone
- Probation or a suspended sentence, with conditions on where you can go and actions you're prohibited from (such as drinking)
- Community service, working with local non-profit community organizations
- Drug or alcohol counseling or outpatient or intensive inpatient rehab
- Install an "ignition interlock" device on your vehicle}
You'll have to have a accomplished Allentown criminal defense trial lawyer to stand for you before and during trial. It's right to find a lawyer you trust as soon as possible immediately after being charged with a criminal defense.
For help with an Allentown Pennsylvania DUI, call a DUI attorney Allentown PA.
