The judicial process Dui
Successfully navigate their way through a criminal prosecution for driving under the influence of the state of Washington requires a clear understanding of the DUI court process. In other words, knowing what comes your way in large measure to reduce the amount of stress you feel when fighting a DUI charge.
While each court system in Washington varies slightly in how they handle the initial stages of criminal proceedings, the basic outline below will help you understand the Court process as a whole:
When you are arrested for a crime, you have several court dates to go. His first time in court is called an arraignment. His next hearing is called a Pre-Trial or Status Conference. You may also have court dates for Proposals or trial.
Charge
This is the first time in court and spoke is where formal charges against him. In the case of DUI, you may already know what the charge is, even before entering in the courtroom. However, there may be additional charges to those who had no knowledge of violations such as poor driving or additional criminal charges prosecutors presented after his arrest for DUI.
Depending on competition, whether it will be mailed a notice of hearing or you have to look in its citation (approximately Third from the bottom) where it says mandatory Court appearance of the cut-off date and time. If you are unsure about the date or time, call the "Circuit Court" (Numbers are available through the Internet.) The Court of Justice which is listed at the top of the appointment, for example, an event marked "Court District "and the crime that occurred in Snohomish County, you would do an Internet search for" Snohomish County District Court. "
Arrive a few minutes earlier. Most courts have a computer printer all the people scheduled for court that day, called file. These impressions are generally seen near the courtroom. With his name will be a room number. This is where you need to go. If you get confused or can not find your courtroom, ask in the office of the Registrar – which are often very useful.
Once you reach the right courtroom, be prepared to wait. Most courts will have either a video or a document that explains your rights at the site. If it is a document, you will be asked to sign his name – saying that you understand your rights.
Finally, we will call you up in front of the judge. Do not panic. This is not the time to explain what happened – there will be much time for that later. All the judge wants to know is whether arraignment to understand the charge (s) against you and if you plead guilty or not guilty. That's it.
Common sense would tell you if you did something wrong, you should take it easy in the justice system by pleading guilty and the court system take it easy on you that does not condemn as hard as if he fought against charged. Unfortunately, the judicial system is always based on common sense. In fact, it is likely to be punished worse if you are pleading guilty at arraignment instead of fighting against the charge (s). In other words, declared NOT GUILTY!
Once you have pleaded not guilty, the Court will ask about on whether you want a lawyer. The old cliché about "The man who is supposed to have a fool for a client" is very true. If you do not understand the rules of court and the law on DUI (or any other crime) that have no chance against a trained attorney.
The lawyers come in two flavors: private and public defenders. You not need an attorney with you at the arraignment. If you are planning to hire a private attorney, simply tell the judge that he or she and be satisfied – But warned not to expect too long to hire them. If you can not afford an attorney of your choice then you qualify for a public defender. The Court will hold a series of questions for you to determine whether or not you qualify based on income, dependents, etc. The problem with a public defender we have no control over who is appointed to your case. Even if you are eligible and have a public defender who represents you can always have a private attorney to take over at any time. It is very common for people with a public defender to hire a private attorney – so do not worry, your public defender do not get mad if you replace them with a private attorney – it may even be relieved because it means one less case to handle.
After the judge decides the question of his counsel, the Court will address then the condition of his release. If you have a clean record, you probably will be released on his promise to return. If you have a criminal record, Judge may impose a bond or the amount of the bond to ensure that you return.
The Court will assign a date that need to return for the hearing of Issues Preliminaries. If you can not do it on that date, be sure to tell the judge about their conflict, to another date can be collected. If conflict arises then contact your lawyer immediately so he or she may file a request to postpone the court date.
You will leave the Court with a piece of paper indicating the date and time of your next hearing. Do not be surprised if this is two to three months from the date of arraignment. This may seem a long time, but do not wait – if you need to find a lawyer to begin immediately as it can take a long time to find what you want and get the money to hire them.
Once you've hired your attorney, that person must send a Notice to Appear, telling the Court and the Prosecutor to represent you. You also need time to get all police reports and other documents of the prosecution intends to use against you (hereinafter called Discovery). After your lawyer has all the Discovery, which will to sit down with you face to face and discuss your case. One of the strange rules of the State of Washington is CrRLJ 4.7, the rule that allows your attorney to obtain discovery, where case. The same rule does not actually allowed to give you a copy of the discovery – even though that's the case! This rule is even stranger given that if you were to dismiss his lawyer and represent himself, the State would be obliged to give a copy of the Discovery. However, nothing prevents his lawyer access to Discovery when want – as often as you want, just not be sent home with a copy.
Preliminary Hearings
This hearing must take place in court and before a judge. Its aim is to ensure that no case "slips through the cracks", ensuring that the case is reviewed systematically. During a trial, the judge wants to know what the status of the case is: the parties (the prosecution or the defense) wants to make a statement guilty of something, they want to set a time of a motion hearing is what they want to have a trial, or they know not what they want and are simply asking for more time?
These hearings are administrative in nature. That means they are relatively low stress because nothing will happen in a custody unless the defendant makes this possible. In most cases, the defendant need not say anything other than responding to the judge when the judge asked whether the defendant aware of what happens, for example, ask for a postponement or set a motion hearing. You and your attorney have discussed what will take place in the custody long before they get there.
Most criminal cases have several pre-trial dates. There are many reasons why we do not want to settle your case during the first trial: You may have problems laws that must be decided by a judge (for a motion hearing), your attorney may need more time to negotiate with prosecutors, or just have not decided what way to go in your case.
If you are asking the judge to continue its case, the issue of speedy trials will come up. If you are outside custody, his case must be resolved within ninety days (sixty if you are in custody). When a defendant requests an adjournment, the judge does not want to be more time for charges against the 90 days or ask a fresh 90 days from the date of the continuation request-before granting the request for postponement. Although this Speedy Trial rule is an important right – in practice, very rarely determines the outcome of a case. In other words, if your lawyer thinks it's a good idea to apply Speedy Trial Rule, to give the state more time to prosecute, then it probably is in your best interest.
Motion Hearing
Proposals are written legal arguments on why the evidence in the case (at some point throughout the case) should be discarded. There are potentially hundreds of movements that could be presented in a criminal case. Your lawyer will know which (if any) apply to its specifications.
Proposals serve two purposes: First, if you can suppress the evidence, then you may have a better chance of winning if you go to trial. Second, the movements are a great way to change the intensity of your case so it is more likely that prosecutors will have to make an offer of settlement which actually does want to accept.
A motion hearing looks like a trial without jury are held in court and before a judge, there may be witnesses, defense and the prosecution will be heard by the judge and, finally, the judge will make a ruling on the issue. This is where the similarity ends trial. The burden of proof in a motion hearing is substantially less than in a trial and the court must view the evidence in a hearing of movement "in the light most favorable to the State." These two elements combine to present a motion hearing for the state easier to win than Defense. The reason behind this unfair advantage is really a good one: The heart of our system is the legal jury trial. If you win in a motion hearing, then it is possible to avoid jury trial altogether.
Trials
The tests are of two types: Bench and Jury. A bench trial is one in which the judge decides everything. A jury trial is one where six people (twelve in the case of a felony) decide on the facts and the judge decides the law.
You may waive (give up) right to a jury trial at any time but if it does, then usually can not be recovered. If you ever have to decide if you want a bench or jury trial, you always opt for Jury (since you can always change your mind) because if you choose to test bench – that's what you're stuck with.
At trial, the prosecutor is obliged to prove each element of the crime outside reasonable doubt. Your lawyer will explain the elements (which the State must prove its case.) His work as a Defendant is whether the State can prove each of these elements. Can any of the elements to be impossible to prove if you win in a motion hearing?
The result of a process is easy: either you win or lose. If you win, go home – you're done. If he loses, then usually (not always), but end up with a little jail time and a little more fines than would be convicted. Is it worth the risk? That's something for you and your attorney to decide.
Conclusion
Being able to mentally prepare for the types of court date will be fighting a DUI charge can not eliminate the stress you feel, but knock down to a manageable level.