If you’ve never been in trouble with the law before, being arrested for driving under the influence can be incredibly nerve-wracking. You may not know what to expect after you are handcuffed and brought to the back of a police vehicle. Where will you go? What happens next? According to Denver criminal defense attorney, John Buckley, this is what happens after a DUI arrest:
You find out when to appear in court.
After you have been arrested, you will be issued a Uniform Summons and Complaint that tells you when you are required to appear in court for your arraignment. This is where a judge will tell you what you are being charged with, so you shouldn’t attend an arraignment without an attorney. A defense attorney can help you understand what charges you face and what the maximum penalties are, and then go over your legal options with you.
The prosecutor may offer a plea deal.
Prosecutors have a lot on their plates, so it’s virtually impossible for them to take every case to trial. This is one of the reasons why a prosecutor may work with your defense attorney to come up with a plea deal. A plea deal means you would agree to plead guilty to a lesser charge in exchange for lighter consequences. You should never accept a plea deal without speaking to an attorney to determine if this is the right legal move. Often times, a plea deal may have unforeseen consequenses that you may not have thought of. For instance, if you intend to travel to a foreign country for business or pleasure, something as simple as a DUI conviction may prevent you from crossing the border. Learn more about plea bargaining
Next, there are pre-trial motions.
If your case is not resolved by entering into a plea bargain, the next step is a pre-trial motions hearing.
During the pre-trial motions, an experienced defense attorney may be able to fight to have charges dropped or lowered, depending on the circumstances. He may also be able to ask the judge to not allow certain evidence to be used against you in the case. For example, if your defense attorney can prove that evidence was obtained during an illegal search, it may be thrown out of your case.
Your case will go to trial.
If you do not accept a plea deal—or if you are not offered one—your case will go to trial. Both sides will have the chance to deliver opening statements, call and question witnesses, and then present their closing arguments. The jury will deliberate at the end of the trial and return to the courtroom with a verdict. If you are found guilty, the judge will set another court date to discuss sentencing.
If you have been arrested for driving under the influence, contact the Law Office of John Buckley. We work tirelessly to defend your rights and ensure you receive the best legal representation possible. Contact John L. Buckley
as soon as possible to schedule a legal consultation.