DUI Process Overview: What Does Your Attorney Do Prior To Trial
DUI Process Overview – What Does Your Attorney Do?
To understand your case, we offer this DUI process overview. It will help you understand what your attorney does. It also lets you participate in your case. You are in charge.
An attorney will spend a great deal of time listening to your version of events. He will scrupulously track down potential witnesses and talk to every person who was with you on the night you were arrested. If possible, the attorney will get a copy of your bar bill to show exactly what you had to drink. Your attorney will also explain what his strategy for dealing with you offense will be. It is important to hire someone with whom you are comfortable enough to be completely honest with. By the end of your first consultation with the attorney you should be able to judge the services that he or she will provide and the costs of those services.
DUI Process Overview: The Notice of Appearance
The attorney will likely file his or her notice of appearance with the court. This document informs the court that you have an attorney. Following the notice of appearance the court will coordinate with the attorney’s schedule so be sure to give the attorney any information regarding your schedule so that no conflicts arise. The next step in the process will be obtaining discovery and appearing at a pre-trial conference. These steps may vary depending on the jurisdiction in which the events took place.
DUI Process Overview: Discovery
The State of Ohio has the obligation to provide “discovery” regarding your arrest. This usually consists of a copy of the citation, the officers arrest report, field notes and a copy of the D.U.I. testing procedures. These documents give the attorney a good start on preparing a defense. A good attorney will notice when something is amiss and/or if something has not been provided. A pre-trial conference is your attorney’s chance to talk to the prosecuting attorney. You will be familiar with the process by the layman term “plea bargaining.” If your attorney is able to point out a flaw in the case you may have the charge reduced or thrown out of court.
DUI Process Overview: Motion To Suppress
Another tactic that an attorney should employ is to file a “motion to suppress” to attack evidence obtained by the officer. These motions may take any number of tacks but their essential purpose is to reduce the evidence that the state may introduce against you. Motions to suppress are a vital component of the D.U.I. attorney’s arsenal and should provide valuable information. These motions are heard in separate hearings that take place before the jury trial or trial to the court. Ask your attorney what type of motion to suppress is appropriate in your case.
DUI Process Overview: Trial
The attorney will also be preparing for trial. The trial may be to the judge alone or may be to a jury. You should talk with your attorney about which kind of trial would be the most beneficial to you. You should also be informed of the attorney’s plan of attack and his or her feelings about a trial. Your attorney is paid to use his or her best judgment and you should listen to the advise. By being informed of the entire process you can make the best decision available to you.