Due to the numerous DUI cases that flood the courts, a lot of them maintain separate court procedures that help in the dispensation of those cases easily and quickly. Thus a DUI case can be completed much quicker than other kinds of cases.
The various DUI Procedures
DUI Arrest: After a police official stops your car, gives you field sobriety tests, and find them positive, the officer will place you under arrest. This is when a DUI case begins and when you need to start thinking about a Charlotte, North Carolina DUI lawyer. You can easily find one of the best right here: https://usattorneys.com/.
DUI Booking & Bail
After the police officer arrests a DUI suspect, he/she is taken into police custody and booked and kept in a holding cell or the local jail. The priority of a DUI suspect when placed in a jail is getting out. He/she can get a pre-arraignment release by means of bail, which is a legal process that allows the DUI suspect to pay money to obtain release after being booked.
After procedures such as arrest, booking, and bail, that are essentially a part of the DUI process are over, the suspect is taken to the proceedings based in a courtroom. This process is known as arraignment. Many persons, who are arrested for DUI cases, appear in a courtroom for the first time in connection with a criminal case.
DUI Preliminary Hearing
A preliminary hearing occurs soon after the arraignment and you should have a fantastic Charlotte, NC DUI lawyer by this point. It is a kind of “trial before the trial”. It is during this stage that a judge decides whether a DUI defendant is “guilty” or “not guilty”. In other words, if there is sufficient evidence to bind the DUI defendant over to stand trial.
In any criminal trial, it is a jury that examines the presented evidence and decides whether the DUI defendant committed the crime “beyond any reasonable doubt”, or not. A trial provides the government with the opportunity to argue the DUI case, hoping to obtain a verdict of “guilty” as well as the conviction of the DUI defendant. The same trial represents the defense with the opportunity to counter the prosecutor’s evidence, and to present its own evidence in some cases. Once the arguments from both sides are over, the jury considers if the defendant is guilty or not guilty of a DUI as charged.
According to Charlotte, NC DUI attorneys, when a person happens to be convicted of a DUI charge, he or she has recourse to appeal the case in certain instances. A DUI appeal, in essence, requests a higher court to review specific aspects of a case for potential legal error, in terms of either the conviction itself or the sentence pronounced.
Appellate lawyers can put forth numerous issues for an appeal. In general terms, the grounds for a DUI appeal can come under substantive or procedural categories which include errors occurred while taking a guilty plea. There are motions to leave out confessions and to suppress evidence presented.
An experienced Charlotte, NC DUI lawyer well versed in appellate matters can provide appropriate explanations that are specific to your unique circumstances.