Twelve of your peers will decide your DUI case.
Driving under the influence of alcohol and/or drugs (DUI) is a criminal offense in California. In most cases, DUIs are charged as misdemeanors, but may be charged as a felony in certain circumstances.
While the majority of California DUI cases settle before trial, there are some situations where you and your DUI defense lawyer in Riverside, CA may choose to go to court. This usually happens when the prosecutor will not agree to either dismiss the charges or to give you a favorable plea deal.
If the case is not resolved, then you will go to trial. Because a DUI is a criminal offense, you have a right to trial by jury. This means that your case will be decided by 12 individuals who have been selected from a pool of potential jurors in the community. Your DUI defense lawyer in Riverside, CA will have an opportunity to help shape the jury through the jury selection process.
A DUI trial will involve several phases. First, each side will give an opening statement, which is an opportunity for the prosecutor and then the defense to state what they hope to prove in the case. After opening statements, the prosecution will put on its case. This will involve introducing both witnesses and evidence, such as videos, reports and other forms of proof. The prosecutor will conduct what is known as a direct examination of their witnesses before your attorney has a chance to cross examine the witness. When the prosecution is finished, your DUI defense lawyer in Riverside, CA will have a chance to put on their own witnesses and introduce evidence. Finally, each attorney will give a closing statement, where they will summarize their case and make an argument for why the jury should find for them. The judge will then read jury instructions to the jurors, which outline the legal standards that must be followed for the case.
The jury will then reach a verdict. If the jury finds you not guilty, then you are clear of all charges and are free to go. If the jury comes back with a verdict of guilty, then the judge will sentence you. The sentence that you receive will depend on the facts of your case as well as your criminal history.
Going to trial in a California DUI case can be a gamble. It is often preferable to avoid a trial. A skilled DUI defense lawyer in Riverside, CA may be able to have the charges against you dismissed entirely, which can be done by convincing the judge or the prosecutor that there isn’t enough evidence to support the charge. Your attorney may also be able to negotiate a plea deal with the prosecutor. If the prosecutor offers you an unfavorable deal, your lawyer may advise you that the better option is to go to trial.
Your best chance of achieving a favorable outcome in a DUI case is to hire a DUI defense lawyer in Riverside, CA to represent you. Not only can your attorney advocate for a resolution that doesn’t involve going to trial, they can also aggressively defend you at trial.
The Chambers Law Firm represents individuals who have been charged with crimes in Riverside and the surrounding areas. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a member of our team.
