Anatomy of a DUI Case
Miami Dui Defense Attorney
If you’ve been arrested for drunk driving in Miami or the surrounding area, a DUI lawyer from Parks & Braxton, PA can help. At the firm, our lawyers have more than 40 years of combined legal experience – let us put it to work for you. After an arrest, you may feel overwhelmed by the thought of going to court. That’s why our attorneys are dedicated to giving clients the best representation they can offer and helping them understand the DUI case process. If you’re uncertain about the legal proceedings ahead, here are some things that you can expect:
After an arrest, you will be taken into custody and booked (processed) at the police department. Sometimes, suspects are given the opportunity to “make bail.” In other words, you may be able to pay a specific sum of money in exchange for your release. Generally speaking, you can post bail after processing, but you will only be released if you promise to appear for future court dates. For example, you may agree to appear at your arraignment, preliminary hearing, trial, etc. In many cases, you will not have to post bail as the judge may release you on your own recognizance (ROR). You do not necessarily have to post bail immediately after your arrest; the judge may allow your release at a future court appearance as well.
An Arraignment usually occurs within a few weeks after your arrest. During an arraignment, the judge will read your charges, ask if you need an attorney, ask if you plead guilty, no contest, not guilty, and announce future court dates. During an arraignment, you have the right to have legal representation at your arraignment. This is called the “right of counsel.” In most cases, if you have retained an attorney, you may not even have to attend your arraignment.
Preliminary DUI Hearings
Generally speaking, a preliminary hearing is like a “trial before the trial.” At this time, the judge will decide whether or not the prosecution has enough evidence to bring a legitimate case against you. If the judge decides that the prosecution doesn’t have enough evidence, he/she will dismiss your case. Without enough information, a jury couldn’t make an informed decision for the outcome of your case. Generally speaking, preliminary hearings keep unnecessary cases from going to trial.
What can I expect during the preliminary hearing?
Preliminary hearings are somewhat like trials. During the hearing, the judge will listen to evidence for and against your case. The prosecutor (a government lawyer) will display evidence against you, and your DUI defense lawyer will have the opportunity to argue in your favor. This might involve witness testimony, cross examinations and other pieces of evidence. Your attorney will bring any questionable evidence to the judge’s attention. If the prosecution’s case is not based on solid evidence, the judge may dismiss your case.
DUI Trials in Miami, Florida
Many Miami DUI Lawyers cases are won before the case gets to a jury trial. However, if your case goes to trial, it will involve six distinct stages: jury selection, opening statements, witness testimony, closing arguments, jury instruction, and jury discussion/verdict. During the trial, the prosecution must be able to demonstrate, beyond a reasonable doubt, that the defendant is guilty. Like the preliminary hearing, the trial will probably involve witness testimony, cross examinations and other forms of evidence. After the defense and prosecution have presented their cases, a jury will determine whether or not the defendant is guilty or not guilty.
The Appeals Process
You might assume that DUI cases end when the jury determines the outcome of your trial. If you are convicted of drunk driving, a Miami DUI attorney from Parks & Braxton, PA can appeal your case. Simply put, an appeal is a legal motion that allows you to contest the outcome of your DUI trial. During an appeal, the defendant (appellant) must demonstrate that a legal mistake was made during the trial that affected the outcome of the case. The judge will inspect the records filed by the defense and the prosecution to determine if a legitimate mistake. If a mistake was made, the judge will decide whether or not it affected the outcome of the trial. Successful appeals may result in the court reversing and erroneous decision.
Do you need a Miami DUI defense attorney?
Facing any criminal conviction is difficult. If you’ve been arrested for drunk driving, the Miami DUI lawyers at Parks & Braxton, PA can help you through the complicated legal proceedings ahead of you. Do you feel like the evidence is stacked against your favor? You don’t have to face this challenge alone. With a skilled an experience legal advocate fighting for your rights, you can have peace of mind that your case is in good hands. If you were arrested for a crime you know that you didn’t commit, our attorneys can still help.
If you are convicted of a DUI, you will face severe penalties. Don’t risk your freedom, career and your future; contact a lawyer from Parks & Braxton, PA today. Our firm has been featured on CNBC, CBS news, ABC news, Fox News, and NBC news. Our DUI attorneys are passionate about helping people and always strive to reach the highest level of legal professionalism in their work. We are available to take your phone calls and questions 24 hours a day, 7 days a week. We have the skills, resources and dedication to take your case to the next level – Contact us today!