Understanding the Criminal Court Process

During the time before any pre-trial hearings, a California DUI attorney will file various pre-trial motions such as a “Motion to Suppress Evidence,” a “Motion to Dismiss,” discovery motions, and other relevant motions.  In some California DUI cases, there are several pre-trial hearings before a case is actually brought to trial.  The entire process could take anywhere from just a couple of weeks up to several months after the arrest.  Most often during this time a prosecutor will offer the suspected DUI driver a plea bargain.  In some California DUI cases, accepting a plea bargain is a good idea.  An experienced California DUI/DWI attorney will evaluate an individual case in order to determine if accepting a plea bargain is a good idea or not. 

The final phase of the criminal court process is the trial.  A California DUI trialmay be held either before a judge (a bench trial) or a judge and jury.  At the beginning of a DUI jury trial, both the  California DUI/DWI defense lawyer and the prosecutor will participate in selecting a jury.  Once the jury is selected, the trial begins.  DUI/DWI trials typically last several days.  At the DUI trial, both the California DUI/DWI lawyer and the prosecution will examine witnesses, call experts to testify, and present any relative evidence.  Once both the prosecution and the defense rests, closing arguments are heard.  The judge then instructs the jury on how to apply the facts of the DUI case to the law and jury deliberation begins.

During the jury deliberation, the jurors are excused to the jury room to discuss the facts of the case.  In order for a suspected California DUI offender to be convicted, “all” jurors must be convinced “beyond a reasonable doubt” that the suspected DUI offender is guilty.  If the jurors can not conclude beyond a reasonable doubt that the offender is in fact guilty, then the offender will need to be acquitted of the charges heard.  If the DUI offender is found guilty, then the judge will decide what the appropriate punishment (which can be set by law) will be.  Anything can occur in a California DUI/DWI case and it is important that suspected DUI offenders have an experienced California DUI/DWI lawyer representing their interests to insure that the offender receives the best possible outcome.

For more information on California’s Criminal Process after being arrested for DUI, please click on the links below:

Arresting Officer Examination, Prosecutor’s Expert Examination, DUI Expert Defense, List of Drunk Driving Expert Witnesses, Prosecutor’s Closing Argument, Bifurcate DUI Jury Trial, What to expect if your DUI goes to Jury Trial, Jury Trial Selection, S hould someone arrested for DUI Testify, California DUI Cases and your Miranda Warning Rights, California Pre-Trial Motions, Motions to Suppress in California, and Motions to Split Blood for DUI Cases.