1. Criminal or DUI Arraignment

The first court hearing in the criminal or DUI process is the arraignment. This is the hearing where the court will enter your plea and will set conditions of release. Conditions of release will be imposed based on whether you are a flight risk and whether you pose a risk to the safety of the community. To determine this, the judge will consider your criminal or DUI history, your ties to the community, and if the alleged charge is one that endangers either an individual or community. Depending on the nature of the DUI or criminal charge, conditions of release may include:

• Bail or bond
• Electric home monitoring
• Prohibiting consumption of alcohol and non prescribed mood altering drugs
• Requiring submission to breath or blood test if requested by law enforcement
• Requiring that vehicles only be driven with a valid license and state required insurance
• Imposition of and ignition interlock device in any personal vehicle
• No contact with any alleged victim or complaining witness
• No unlawful use of drug paraphernalia
• Requiring that that there be no law violations

The types of conditions that may be imposed vary widely depending on the jurisdiction of the court. It is important to be prepared and have experienced legal representation present to avoid any surprises or unpleasant circumstances at the arraignment.

2. Pretrial Hearing

A pretrial hearing or conference is the preliminary hearing in the criminal or DUI process. Three things can happen at the pretrial conference; the DUI or criminal case can be continued; the case can settle; or the case can be set for trial. Prior to or at the pretrial hearing, discovery has been exchanged and it is the first opportunity to negotiate the individual case. If a favorable negotiation has occurred, then the resolution can usually be entered into at the pretrial conference. If evidentiary motions are to be set, the date for them to be heard would be scheduled at this hearing. In some cases, there may be more than one pretrial conference, in order to give the legal defense sufficient time for investigation or other preparation.

3. Evidentiary/Motion Hearing

At the evidentiary or motion hearing, the judge will determine what evidence may or may not be admissible if the case were to proceed to trial. Often at the evidentiary hearing, the law enforcement officer will testify and your attorney will have the opportunity to cross examine the officer. After testimony, the court will hear legal arguments about the evidence and issue a ruling. It is important to have an experienced DUI or criminal defense attorney arguing suppression motions, because if the hearing is successful it can lead to a favorable result and avoid the risk and time of trial.

4. Trial

If a resolution in a case is not reached, then the case would be set for trial. Trial can be either by jury or by judge. It is the opportunity for the criminal defense lawyer to argue that you should not be convicted of the crime or DUI charged, based on a lack of evidence in the case. The prosecutor will present evidence through testimony of law enforcement officers, expert witnesses, and civilian witnesses. A criminal defense lawyer will cross examine the State's witnesses and may also present evidence through the testimony of expert and civilian witnesses. Throughout the criminal or DUI trial, there will be strategic considerations that a criminal defense lawyer will make that will determine whether evidence is suppressed or admitted. At the end of the trial, the jury or judge will make a finding of either guilty or not guilty. If there is a not guilty finding, then the finding will be entered with the court and there will be no further legal proceedings. If the finding is guilty and there was an error in the law or an incorrect evidentiary ruling, then the next step in the criminal or DUI process is an appeal to a higher court. Trial experience is essential to a good criminal or DUI defense, so it is important that a defense lawyer has this skill set to get the best result in your criminal or DUI case.