To ensure a clear understanding of the DUI court proceeding, it is necessary to successfully navigate through criminal proceedings under the influence of the Washington State. In other words, knowing what's coming our way will greatly reduce the stress that has come up against the DUI fee.
Although all court systems in Washington are a bit different from treating the initial stages of criminal proceedings. the following basic outline will help you understand the court process as a whole:
When arrested for a criminal offense, multiple court records take place. For the first time in court, it's called Arrangement. The next court date is called a trial or status conference before. It is possible that judicial deadlines have also been initiated or attempted.
This is the first time in the court and officially told the charges. For DUI, you know what the prize is before you enter the courtroom. However, there may be additional charges you do not know about such bad misconduct or other criminal charges that the prosecution filed after the DUI arrests.
Depending on jurisdiction, we'll either send you a hearing or see your quote (about 1/3 of the bottom) where the court's court appearance appears to be the date and time of the court. If you are not sure about the date or time, call the office of the court clerk (numbers can be accessed via the internet). The court in which you are staying is listed at the top of the quote, eg. the "District Court" and the offense in Snohomish County, it will conduct an online search at "Snohomish County District Court".
Arrive for a few minutes early. Most computer courtesy of the court will be on the same day that they are planning a court, a so-called license plate. These prints are usually smooth in the vicinity of the courts. Your name will be court number. You have to go here. If you confuse or find the court, ask the Clerk office of the Court – they are usually very helpful.
If you get to the proper meeting room, wait. Most courts will either explain a video or a paper explaining their rights during dispute settlement. If this is a paper, they want you to sign your name – saying they are aware of your rights.
Finally, he calls the judge. Do not panic. This is not the time to explain what happened – later there will be enough time. Each judge wants to know if Arraignment is to understand the accusation against him and whether he considers himself guilty or not guilty.
Common sense would tell you that if you're wrong, you have to ease the Court System if you are guilty of a crime and the Court System will make you lighter by not judging as hard as if you were fighting the prizes. Unfortunately, the court system is not always based on the common sense. In fact, you will probably be worse off if you feel guilty and do not fight. In other words: NOT REALIZED PRACTICE!
Once you've promised not to be guilty, the Court may ask you to have a lawyer. The old cliché is "The man who represents the fool to the customer" is very true. If you do not understand the court and the law for DUI (or other offense), you have no chance against a well-trained prosecutor.
Attorneys come up two times: Private and Public Defenders. You do not have to hire a lawyer with you under the charge. If you are preparing for a private lawyer, you just have to tell the judge and he will be satisfied – but warns you not to wait too long to rent. If you can not afford an elected lawyer, you are entitled to a Public Defender. The Court will have a number of questions for me to determine whether you are entitled to your income, dependents, etc. Based on. The disadvantage of the State Protector is that you have no control over whether to appoint your case. Even if you are eligible and the State Protector represents you, you can at any time receive a private lawyer. It is very common for people with state protection to hire a private lawyer – so do not worry, your state protector will not be upset if they are replaced by a private lawyer, they may still be relieved because it is a minor case.
After the judge deals with his lawyer's question, the Court then gives a speech on his release. If you have a clear record, you will probably be released on your promise that you will come back. If you have a criminal record, the judge may charge a bail or bond amount in order to return.
The Court assigns a date when it has to return to the preliminary hearing. If you can not do that date, be sure to tell the judge about the conflict so that a new date can be added. If a subsequent conflict occurs, contact your lawyer immediately to request a continuation of the court deadline.
There is a sheet of paper in front of the court that tells the date of the next court date and time. Do not be surprised if it's two or three months from the date of your checkout. It may take a long time, but do not wait – if you need to find a lawyer, you should start it right away because it can take a long time to find what you want and raise money for them.
I have asked your lawyer to send a Speech to the person and have to tell the Court and the Prosecutor that they are representing. They also need time to receive all police reports and other documents that the prosecution uses against you (together as Discovery). After your lawyer has made all the discovery he has to face the eye and discuss the matter. One of the bizarre rules in the state of Washington is CrRLJ 4.7, the rule that allows your lawyer to find the discovery in your case. The same rule in fact prevents them from giving you a copy of the discovery – though this is your case! This rule is still bizarre, given the fact that if your attorney should stand up and represent yourself, then you should definitely give the state a copy of Discovery. However, nothing prevents your attorney from ever accessing Discovery whenever you want. only one copy can be sent home.
These hearings take place in court and a judge. Their purpose is to ensure that a single case does not "slip through the cracks" by ensuring that the case is systematically scanned. During the proceedings before the criminal court, the judge wants to know what the situation is: Do parties (prosecutors or defense) do they want a legitimate ground for something, want to set the time for hearing? have a trial or do not know what they want and just take more time?
These hearings are of an administrative nature. This means that stress is relatively low, because nothing will happen in the preliminary proceedings unless the defendant does so. In most cases, the defendant does not have to say more than to answer the judge when the judge asks whether the defendant agrees to what is happening, asking for a sequel or hearing. You and your lawyer discuss what is going on in probation for a long time before actually arriving.
Most crimes have more probation times. There are several reasons why the case does not address the case in the first case: It may be that you have legal issues to be decided by a judge (during a hearing), your lawyer should negotiate with the prosecutor for a longer period or simply not decide, how you want to go in your case.
If the Judge continues to pursue his case, the question of Speedy Trial arises. If there is no arrest, the case must be resolved within ninety days (sixty if in custody). If the defendant calls for an extension, the judge does not intend to charge an additional period of more than 90 days or request another 90 days before the request for continuation – on the day of submission of the request for retention. Although this fast test rule is an important right – as a practical question – it is very rarely the outcome of the case. In other words, if your lawyer thinks it's a good idea to give up the Speedy Trial rule, as it gives more time for the state to stand trial, it is probably in the best interest.
Motion Hearings ]
The motions provide legal considerations as to whether or not your case (or the whole case) should be evicted. Potentially, hundreds of motions can be filed in a criminal case. Your lawyer knows which (if any) is for your specific facts.
Moods serve two purposes: First, if you suppress the evidence, you will have a better chance of trying. Secondly, the motions are a wonderful way to change the power of your case, so it is more likely that the prosecution will offer you a sorting solution that you really want to accept.
Movement of motion looks like a trial: It takes place before a court and a judge. There are witnesses, both the defense and the prosecution formulate arguments to the judge, and finally the judge asks the question. Here is the similarity of the test. The burden of proof at the hearing is considerably lower than at a hearing and the judge is required to hold the evidence at the hearing "under the most favorable conditions for the state". These two elements can be combined in order to win the state as a defense to facilitate movement. The reason for this unfair advantage is indeed good: the jury is the heart of our legal system. If you win a Motion Hearing, you can circumvent the jury.
Experiments are created two times: Bench and Jury. The court hearing is where the judge decides everything. A jury test is one where six people (twelve in the case of the Felony) decide what the fact is and the judge decides on the law.
Jury Trial may resign (surrender) at any time, but if you do this, you will not be able to return. If ever you are asked to decide whether a Bench or Jury is a test, you will always choose a jury (since you can change your mind at any time) because if you choose Bench Trial you will grab it.
the prosecution has to prove every element of sin without any reasonable doubt. Your lawyer will discuss the items (the state must prove to you). The defendant's work is to decide whether the state can demonstrate the individual elements. Any of the elements become unprofitable when you win in a Motion Hearing?
A trial result is simple: You either win or lose. If you win, go home – ready. If you get rid of it, you may end up (though not always) with a little jail sentence and a little more fine than you're guilty of. Is it worth the risk? This is something for you and your lawyer to decide to mentally prepare for the types of court dates that you will encounter during the DUI fight, you can not eliminate stress but cut it to manageable levels.
Copyright (c) 2007 The Cahoon Law Firm – All Rights Reserved.
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