California DUI Court Process
The DUI court process can be confusing to someone who is not accustomed to the judicial process. Most criminal DUI cases are not resolved in one day or one appearance in court. To the contrary, it is generally not a good idea to attempt to rush the process. It is better to carefully evaluate your legal rights as they relate to the evidence that the state profers for your guilt. Don't be hasty. The criminal court process in California follows general due process procedures. Your first appearance generally will be an arraignment. The next appearance(s) will generally be a pretrial hearing(s), which ultimately culminate to a trial. The trial is your day in court so to speak. I have provide you with a simple outline below for the DUI Court Process.

What is an Arraignment? An arraignment is the stage in the criminal process where the state formally charges a defendant with violating a certain criminal law or statute. At the arraignment the defendant charged with the criminal offense (in this case a DUI) enters their plea. generally speaking in California the plea entered is in the form of a guilty plea, not guilty plea, or a no contest (nolo contendere) plea.

What is a Pretrial Hearing? The pretrial stage is generally the stage of the DUI proceeding in which discovery is conducted, pretrial motions are filed (such as a motion to supress evidence), and the parties (the Defendant and the State) position their respective cases for trial.

What is a Trial? Almost everyone understands what is a court trial. However, few understand the amount of work and preparation involved in the trial. Moreover, most people do not understand their legal rights at and before the DUI trial stage. This is extermely important if you are the criminal defendant. As in all criminal cases, in a DUI trial, the burden of proof is on the state to prove the case beyond a reasonable doubt that the defendant commited the offenses alleged.

Read More