what to do when waiting in district court summons for misdemeanor
The court process for a misdemeanor DUI may include the post-obit three stages:
Watch this video to larn what happens at each stage of the process.
Past clicking on the links below yous can skip to the section your most interested in reading.
Stage i in The Misdemeanor DUI Court Process Is Arraignment
The kickoff court appearance for your DUI is the arraignment. Formally, an arraignment is where the charges against yous are read in open court and then you are asked to enter a plea.
Do Y'all Plead Guilty or Not Guilty At Arraignment?
The chief purpose of this proceeding is for you to enter a plea of guilty, nolo contendre or non guilty.
Your lawyer will typically ask the court to waive the reading of the complaint against yous and enter your plea of not guilty. If y'all are nowadays, the court will besides propose you lot of your constitutional rights.
What Are Your Constitutional Rights?
- Correct to be represented by an attorney
- If you cannot afford i, the courtroom will appoint a public defender to represent youane
- Right to not incriminate yourself and to remain silent2
- Correct to a speedy trial ((Serna v. Superior Court(1985) 40 Cal.3d 239))
- Right to a jury trial
- Right to confront and catechize witnesses
Practice You Demand To Post Bail At Arraignment?
In most DUI cases, the defendant is not in custody and at that place is no upshot regarding bail. Bail is a payment that is fabricated by the accused to ensure appearances at future court dates.
Bail may be an issue if this is your third or more DUI criminal offense or if there are other charges accompanying the DUI such every bit possession of firearms, assault, and possession of sure narcotics or others3.
Notation: On October ane, 2019, the bail organization in California will change with the passage of Senate Nib 10. The beak provides for the elimination of cash bond for misdemeanor DUI.
What Happens If You Appear At Arraignment Without An Attorney?
If you lot appear without an chaser, the guess will ask if you tin afford i. If you are unemployed or low income, yous may exist asked to utilise for a public defender at no or low cost to you.
The court is reluctant to have y'all represent yourself although you tin can plead guilty if y'all wish simply just after you lot are fully advised of your rights and knowingly waive them4.
Do I Have To Appear At Arraignment In DUI Courtroom If I Have An Attorney?
If y'all take an attorney, abenefit is that yous exercise not have to appear at the arraignment, particularly if you are entering a not guilty plea. Your DUI attorney will enter the plea for you and obtain discovery documents from the prosecuting attorney5.
What Type Of Discovery Can My Chaser Receive At Arraignment?
The documents provided to you or your attorney include a copy of the complaint with the charges confronting y'all along with a copy of the police report and whatsoever witness statements obtained.
You may too be served with a asking for discovery at this time, or presently thereafter, where your attorney is required to provide the prosecution with copies of witness statements names of witnesses who may prove at trial and documents you lot programme to innovate at trial.
If yous enter a not guilty plea, the court volition schedule a future court appointment for your pretrial conference.
Stage two – Pretrial Conference
Inside a few weeks subsequently the arraignment, the 2nd stage of the DUI courtroom procedure called the pretrial conference will be held.
In the interim, your chaser has the choice of filing certain motions based on the facts of your case every bit adamant by the bear witness that has been fabricated available.
The Following Motions May Exist Filed in DUI Courtroom:
- Movement to recuse a judge—based on reputation every bit being strict on sentencing and/or hostile to defense attorneys for example6
- Motion to dismiss based on lack of sufficient bear witness, jurisdiction or other grounds
- Motion for discovery if the prosecution objected to turning over sure show
- Pitchess motion to discover prior misconduct past absorbing officer7
- Motion to suppress evidence such as illegally obtained admissions, unlawful search and seizure, failure past the prosecution to provide certain documents or other evidence
- Motion for change of venue (if high profile case for example)8
- Motion to obtain preserved blood or urine sample for testing
At the conference, the prosecutor will generally offer a plea arrangement9.
What Types Of Pleas May Exist Available?
In regards to a plea agreement, your chaser tin ask for customs service in lieu of jail if jail is a typical judgement. If yous have multiple DUI convictions, then your attorney will advise y'all that you lot are looking at months in jail unless y'all take your case to trial and prevail.
If this is the first criminal offence with no aggravating factors, the prosecutor will advise your attorney of the plea offer. This may be 48 hours in jail or community service, depending on the policies of that courtroom, along with a fine of near $390 and participation in DUI classes.
Can Your Attorney Plea Deal To Something Lower Than a DUI?
In some cases, a plea to "wet reckless" ((VC 23103.5)) or dry reckless is substituted for a DUI. There need to be circumstances that would incentivize the prosecutor such as problems of proof to agree to a reduction in the charges.
If at that place are favorable circumstances to you or issues that could make a conviction difficult, a not-alcohol related offense tin can exist negotiated so that you will face no jail time and none of the consequences of a DUI conviction.
What Are Some Examples of Plea Deals?
Two examples are pleas to "exhibition of speed,"x or " Moisture reckless or reckless driving"11.
What Happens If Yous Decide To Plead?
If you lot decide to plead guilty or enter a plea of nolo contendre (no competition plea that is the same as a guilty plea where y'all acknowledge there is sufficient prove against you), you are then asked if you are voluntarily waiving the constitutional rights that you were previously advised virtually.
The court volition and so pronounce sentence.
If y'all have prior DUI convictions, y'all may be referred for a presentence written report regarding your alcohol consumption habits and other factors that may influence the sentence.
What Happens If Yous Make up one's mind Not To Enter Into A Plea Agreement?
If there is no plea understanding and y'all go along your plea of non guilty, yous and your DUI attorney are scheduled for a trial date.
When Should You Go To Trial For A DUI?
A trial may be advisable in a case absent a satisfactory plea agreement if there are issues of proof in your favor such as the validity of the stop and arrest, unlawful police procedure, police conduct or problems about the breath or claret sample process.
Stage three – Trial
In a DUI instance where there are bug that your attorney believes tin sway a jury in your favor then you may decide to proceed to trial.
Jury trials tin be stressful to a defendant and should exist considered when making the determination to proceed with a trial.
But if you have some issues that are advantageous to you lot, and then your attorney need only convince one of the 12 jurors to determine you are non guilty since y'all tin can but be convicted by unanimous verdict12.
Who Testifies In A DUI Trial?
Nearly DUI trials involve testimony from the arresting officer and officeholder or technician who administered the claret, breath or urine test if drugs were involved. The defense may or may not have you testify and if the chemical examination is at consequence, may retain an adept who will as well testify.
How Long Is a Misdemeanor DUI Trial?
Most trials last betwixt five (5) days and two (2) weeks.
There are a number of stages in a jury trial
- Motions in limine—these are designed to keep certain show out such as inflammatory photographs, incriminating statements or fifty-fifty chemical test results (if granted, the trial may exist over)
- Jury selection—each side has a number of peremptory strikes and then may strike jurors for cause (bias)
- Opening statements
- Prosecution presents its case with testimonial and documentary evidence
- Defense has opportunity to cross-examine witnesses
- When prosecution rests, defense may brand a motion to dismiss
- If denied, defense may or may not present evidence such equally putting the defendant on the stand up and/or an expert in chemical assay
- Rebuttal testimony past prosecution
- Defense rests
- Closing arguments by both prosecution and defence
- Reading of jury instructions to jury
- Jury deliberates and delivers verdict or is a hung jury
What Does It Mean If The Jury Is Hung?
A hung jury means that not all 12 jurors accept reached the same verdict.
If this occurs, the prosecution has the option of not re-trying the case, re-trying the case or attempting a plea agreement, commonly to a non-alcohol related offense and no jail.
The defence could as well move the courtroom to dismiss the instance, usually if the evidence was weak and all but one or two jurors voted to conduct.
FAQ About DUI Trials
If I have my case to trial and I lose, will the judge impose a harsher sentence on me than if I had taken the plea offer?
Answer:
That can happen in some cases such equally where y'all have prior DUI convictions and the prosecutor offered you lot piddling or no jail time in render for a plea. The court is not bound by whatever plea agreement you had rejected.
In first criminal offence cases, it is unlikely the court will impose a harsher sentence other than perchance a higher fine. If you testified and the court felt you were lying, then you may face up a stricter sentence. Aggravating circumstances will also raise a sentence.
I refused the chemic test and did not take any field sobriety tests. How tin whatever jury convict me?
Respond:
If you refused chemic testing, the prosecution can argue that your refusal was motivated by consciousness of guilt. This is embodied in a jury education that is read to the jury.
Notwithstanding, the refusal by itself cannot be used to bear witness guilt. We can too argue that you had a credible reason for refusing such every bit an inability to blow into the device or confusion over the consequences of taking information technology.
Also, the prosecution must introduce some other evidence that you were impaired such as slurred spoken communication, unsteady gait, an inability to understand the officer or flushed face up along with erratic driving conduct. Otherwise, you may well take an excellent chance of prevailing at trial or receiving a favorable negotiated plea offer.
Shouldn't yous Testify at a DUI Trial?
Respond:
Whether to put you on the stand up to testify is up to your chaser. If you have a prior felony, the prosecution volition use that to impeach your credibility and try to instill distrust in the minds of the jury.
Typically it is non in the interests of a DUI accused to testify at trial.
Additional Info:
- How do I become a DUI off my record?
- Tin can You go a DUI on private belongings?
- Gideon v. Wainwright 372 U.S. 335 (1963 [↩]
- Miranda v. Arizona 384 U.S. 436 (1966 [↩]
- People v. Arnold(1976) 58 Cal.App.3d. Supp.2 [↩]
- People v. Douglas(1964) 61 Cal.2d 430, 434 [↩]
- Brady v. Maryland 373 U.S. 83 (1963). [↩]
- CCP Section 170.half-dozen [↩]
- Pitchess v. Superior Court(1974) 11Cal3d 531 [↩]
- Pickwick Stages System v. Superior Courtroom(1934 ) 138 Cal.App. 448, 449 [↩]
- People 5. West(1970) three Cal.3d 596 [↩]
- Vehicle Code 23109(c). [↩]
- Vehicle Code 23103 [↩]
- People 5. Freeman(1994) viii Cal.4th 450, 503-504 [↩]
Source: https://aizmanlaw.com/misdemeanor-dui-process/
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