Speak with an attorney about your options. The pre-trial conference is an ideal place to negotiate your charge. Court resources are always limited and many judges want to encourage case resolution at the pre-trial conference. Most DUI cases can be resolved before reaching trial. Certain defendants, however, will be best served by continuing on with the jury trial process.
How Can A Criminal Defense Lawyer Can Help With Waiving Magistration
It may be necessary for the defendant to fight the charge altogether in trial if the evidence can be challenged or if the prosecution's argument is based off of incorrect facts. Consult with a California criminal defense attorney with sufficient experience taking cases to trial. Trial court rules and procedures differ from criminal court rules and procedures and a trial involves significantly more work for both defendant and attorney.
If you are considering taking your DUI case to trial, make sure you have experienced, skilled representation to help you through the pre-trial proceedings as well as the trial. An attorney can advise you on the chance of success you may have at trial and can elucidate the weaknesses in the prosecution's argument that you can challenge in trial. A good attorney will also be honest about your chances at trial; sometimes resolving the case before trial can ensure you a more lenient sentencing.
Are you or a loved one facing DUI charges? Experienced in DUI defense, our Visalia area legal team can ensure you take the right steps toward having a strong defense.
Texas Criminal Procedures
Attorney Martens has over ten years experience in criminal defense and has taken over 50 cases to trial; he has the experienced needed to skillfully handle DUI trials. Expungement provides many important benefits for those with a criminal record. You may be eligible for an occupational license. What facts must be proved beyond a reasonable doubt before you can be convicted of a DWI? You operated a motor vehicle; In a public place in the state of Texas; On the date you were arrested; While you were intoxicated.
The State has exculpatory evidence which may prove your innocence. The State has problems with its evidence and may not be able to prove your blood alcohol level should the case proceed to trial.
What Happens When You Get a Texas DWI | Board Certified DWI Attorney
The State Prosecutor has a weak case and does not want you to set your case for trial. The State Prosecutor wants to dismiss your case but his boss will not let him. The State is bluffing about the strength of the State's case hoping you will not hire an attorney and plead guilty. Questions that are crucial to your defense and that your attorney must ask. The State has lost the video or it is damaged. What you were doing the day of your arrest. How much and what type of alcohol you may have consumed including when you had your first and last drink.
What food, if any, you consumed prior to your arrest and at what time. Your observations of the officer. The officer's stated reasons for stopping you. Whether the officer asked or ordered you to take roadside tests. How you believe you performed on the roadside tests. What statements you made to the officer. What the results were of any breath or blood tests. Whether there were witnesses to your arrest. Whether you were observed prior to a breath test. Did the officer promise you anything or threaten you in any way to persuade you to take a breath test.
What is the foundation of any good defense? A thorough review of all police reports and any videos. A vigorous cross-examination of the arresting officer s. Preliminary motions that may end the State's case against you prior to a trial: A Motion to Suppress Evidence on the ground that you were unconstitutionally stopped searched or seized. A Motion to Quash the Information or Indictment due to an error in the charging document. Motion for Discovery of Exculpatory Evidence.
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Motion for Discovery of all evidence. Contest the constitutionality of the administration of roadside tests.
www.hiphopenation.com/mu-plugins/police/the-best-online-dating-site.php Contest the constitutionality of the probable cause to arrest. This means you have a good chance of avoiding trial on your criminal charges. As part of your criminal defense, we will try to persuade the prosecutor to drop the charges or file a motion to have the charges dismissed by the judge. Or, if we think the prosecutor has a strong case, we may seek a plea deal on your behalf. By making a deal, you may be able to plead to less serious criminal charges and receive a less severe penalty.
For example, if you are charged with DWI, we may be able to plead to reckless driving, instead. As your criminal defense lawyers, we will make recommendations, but the final decision will be yours. If that happens, we can request either a bench trial, where a judge decides the evidence in your court case, or a jury trial, in which the case is decided by a panel selected by your criminal defense attorney and the prosecutor. In Texas, bench trials are more likely to end in acquittal.
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In a criminal trial, both the state and your criminal defense attorney will have an opportunity to make an opening argument, put on witnesses, cross-examine witnesses and make a closing argument. The burden of proof will be on the prosecutor to prove the criminal charges against you beyond a reasonable doubt. All of the jurors must agree on a verdict, or the case ends in a mistrial. If the jurors believe there is at least some reason to think you may not have committed the crime, they must acquit.
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