CALIFORNIA CRIMINAL LAWYERS

Overview of Los Angeles DUI Pretrials

Understanding Pretrial Hearings in DUI Cases

After being charged with driving under influence, the defendant faces an arraignment during which he/she enters a plea, which usually is not guilty. The next important proceeding in such a case is a pretrial hearing – where the prosecution and defense meet formally in court to exchange evidence and discuss the issues that might come up at trial. One DUI case can have one or more pretrial hearings.

What is a Pretrial Hearing?

A pretrial hearing is a crucial stage where both the parties have an opportunity to resolve the case before the trial. At this stage, the judge may encourage the prosecution and the defense to have a settlement – commonly known as a plea agreement – in a criminal justice system, including a DUI case. In most DUI cases, nearly 98%, do not end up going to trial but are resolved with plea agreements between the prosecution and the defense.

Resolving the Case at the Pretrial Conference

The significance of the pretrial hearing in a DUI case is that the parties involved can attempt to resolve the case by reaching a plea agreement. Plea agreements can help the defendant receive a lighter sentence compared to going to trial. More importantly, a plea agreement can help avoid the lengthy trial process and save considerable judicial time and taxpayer resources. It is this that makes pretrial hearings an essential stage of the DUI case.

Receipt of DUI Discovery Material

During a DUI case, the defense lawyer will try to seek out all evidence that the prosecution has under its control, which is a critical aspect of a pretrial hearing. In contrast, the defense does not usually have much evidence to present to the prosecution. The prosecution will convey most of the discoverable material to the defense during a pretrial hearing. Discoverable materials refer to evidence to which a party is legally entitled to receive from the opposing party.

The Defendant Proof of Compliance

Another aspect of the pretrial conference involves the defendant demonstrating to the court that he or she is in compliance with the terms and conditions of the court’s pretrial release order. For instance, if the court ordered the defendant to attend AA meetings as a condition of the release from jail, he or she will need to show proof of the meetings’ attendance.

Suppression Motions

The suppression motion may also arise in a Los Angeles DUI case, where the defense team may bring a suppression motion to challenge the vehicle stop of the defendant. Defense counsel may pursue a motion to suppress all evidence collected during the arrest because the police officer lacked probable cause to make the stop of the suspect initially.

Consultation with Los Angeles DUI Attorney

Anyone charged with a DUI offense must protect their rights and interests before the arraignment. The criminal justice process moves very swiftly in most cases, and the pretrial conference may not occur long after the arraignment. Persons facing DUI prosecution need to schedule an initial consultation with a Los Angeles DUI lawyer. The DUI lawyer will evaluate the case and provide possible defense strategies. An initial consultation in a DUI case does not attract any charges.

Summary

A pretrial hearing is a crucial and beneficial stage for the defendant, the prosecution, the legal system, and society at large. Pretrial hearings give both the prosecution and the defense an opportunity to resolve the case before the trial using plea agreements, thereby saving considerable time and judiciary resources. Defendants facing DUI charges should get legal counsel from a Los Angeles DUI lawyer to get help with early case resolution at pretrial hearings.