Allentown Pennsylvania criminal defense lawyer
So you've been caught and charged with "driving under the influence" ("DUI") or "driving while intoxicated" ("DWI"). While you'll certainly need a law firm to defend you in court, it can make things a lot lesspuzzling tofully understand what's going to come about in court before you talk to a lawyer.
Arraignment
The first hearing in your DWI case is sureto be an arraignment. After reading 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 need to plead "not guilty."
The judge will ascertain whether to reduce your bail amount or release you on your "own recognizance" without demanding additional bail.
The judge will possibly set the date for pre-trial motions and trials.
Preliminary Hearings
At a preliminary hearing, the judge will consider whether the evidence produced by the prosecutor could (but not necessarily will) persuade a jury you were driving while drunk. However, in numerous states, misdemeanor charges are notdisplayed at a preliminary hearing, but rather are only presented at trial. While themethods for this vary greatly from state to state, itcan be your attorney's opportunity to size up the prosecution's case.
There may be cases, though, when an attorney (at or before the preliminary hearing stage) can reach a deal with the prosecutor to have a DWI charge reduced to a less serious charge, such as reckless driving. It may also be possible to reach a compromise by agreeing to plead guilty to the DWI charge in exchange for the prosecutor recommending a less severe sentence than if the case went to trial.
{Motions in an Allentown Driving Under the Influence Trial
Your attorney will likely bring motions to have certain damaging evidence kept out of the trial. Examples of evidence that defense lawyers work hard ateliminating from a DWI trial at the pretrial motionphase can include:
- 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 PA Drunk Driving
Although many DWI cases are sorted out short of going to trial, it'sa possibility that 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 Drunk Driving
If you're convicted for Pennsylvania DWI, 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 really need a aggressive Allentown Pennsylvania DUI attorney to represent you before and in the course of trial. It's best to find a attorney you trust as soon as possible soon after being charged with a Pennsylvania criminal offense.
For help with an Allentown PA DUI, contact a DUI lawyer Allentown.
