Honolulu Dui Lawyer Outlines The Trial Process In Seven Steps

The pre-trial motions and trial make up the standard framework of a DUI case. Most DUI cases will never arrive at trial, as the individual going to trial for DUI will consent to a plea bargain in which he or she confesses to guilt in trade for a charge of lighter offense. If a plea bargain cannot be met between the defense and the prosecutor, then a DUI case will go to trial. The majority of individual's knowledge of the trial phase is based on their viewing of television shows and their past experiences. A jury of your peers will hear all the evidence against you and choose to convict you or not based on the evidence and whether or not they think you are guilty beyond a reasonable doubt. If your DUI case continues on to trial, there will be a sequence of seven steps: pre-trial motions, choosing jury members, opening statements, witness testimony, cross examination, final arguments, jury instruction and finally jury deliberation and verdict.

Pre-trial Motions

These motions generally are made by your DUI attorney in which he or she demands that the judge blocks evidence or keeps the prosecution from doing something in the trial. As well, pre-trial motions can involve attempting to bar the prosecution from using expert witnesses or very likely to attempt to dismiss your case entirely. A few of the possible motions or arguments that your DUI attorney could make are that the police officers might have questioned you without reading you your Miranda rights, the breathalyzer test was not done properly, or that the arresting officer might have done an illegal search. If the police conducted them illegally or inappropriately, it is during the pre-trial portion that your DUI attorney will utilize those errors against the police to banish evidence or witnesses.

Jury Selection

Jury pools are usually created from a variety of lists of local residents. The obtain these lists from DMV records, electric and water billing or voter registrations. The jury pool will hopefully be a cross section of local people in an equitable manner. Ideally, an area that is a quarter African-American will produce jury pools that are also a quarter African-American. Since only the jury pool - and not the actual jury - need be such a fair representation of the proximate population, this percentage, though mandated by the Constitution, will not be important to you. After the jury pool is grouped, both sides get to question the pool to figure out how fit they are for a trial. This is done to make sure that jurors do not have a bias against the defense of the prosecution. To give one example, a jurist who lost someone close to them in a DUI accident would be dismissed by your DUI attorney on the grounds of potential bias against you.

Opening Statements

The DUI trial can begin instantly after the jury has been chosen. At the time of opening statements, the attorneys are permitted to discuss your case with the jurors for the first time.

Witness Testimony and Cross Examinations

This is the portion of the proceedings where both your DUI attorney and the prosecution can call witnesses to talk about the occurrence in front of the jury and the judge. When a witness comes to court for either the defense or the prosecution, the witness may be cross examined by the other side if that is their wish. Cross examination defined is the attorney for the prosecution interrogating a defense witness or your DUI attorney is asking questions of the prosecution's witness

Final Arguments

This generally occurs near the conclusion of the case when your DUI attorney and the prosecuting attorney can summarize their case and evidence submitted, attempting to convince the jury that their side of the case should win.

Jury Instructions

The Judge will present instructions to the jury telling them about applicable laws that they must comprehend to review the facts regarding the case and make an informed decision. In an effort to be as clear as possible, the judge will read the DUI legal jargon to the jury in easy to understand English.

Jury Deliberation and Verdict

This is the final part of the DUI trial where the jury will be sent off to chambers where they can talk about your case without being bothered by the DUI attorney, the prosecuting attorney, or the judge. After the jury agrees on a verdict, everyone must return to the courtroom and hear the jury informant read their decision.