California Criminal Defense Attorney – Inside a Jury Trial
Individuals facing California DUI / DWI charges often believe a common misconception: There is no point in facing a jury if you’ve been arrested for driving under the influence. But an accused motorist can prevail if represented by a California defense lawyer who focuses on drunk driving cases. Understanding the jury trial process can help ease the concerns of any accused drunk driver who is concerned about the prospect of taking his or her case to trial.
Every criminal defendant has the constitutional right to a speedy and public trial. Because many courthouses have crowded calendars, the right to a speedy trial has been given specific guidelines. In California, a DUI / DWI defendant who is in custody has the right to go to trial within 30 days of arraignment. A defendant who has been released from jail has the right to go to trial within 45 days of arraignment. The defendant can waive these requirements, and trial dates are often extended at the request of the client or the criminal defense DUI / DWI attorney to allow for time to do an investigation into every aspect of the case and file any necessary motions.
Once a trial date is set, it is typically referred to with a “0 of 10 date,” which means that the driver’s right to a speedy trial won’t be violated if the trial begins within 10 days of that date. If the trial does not begin on or before the expiration of the last day for trial, the case must be dismissed. If the last day for trial falls on a weekend day or holiday, the next court day is the last day.
Every DUI / DWI trial is different, but all have certain elements in common. These include pretrial motions, also known as motions in limine; jury selection, where 12 impartial jurors are chosen. During jury selection, both the defense and prosecution engage in voir dire, or the examination of prospective jurors, to determine whether the juror is qualified for service. Jurors may be excused “for cause” or at the discretion of the attorneys in what is known as a peremptory challenge.
After jury selection, both the prosecutor and the defense attorney will give opening statements. After opening statements, both sides will begin the examination and cross examination of prosecution witnesses and experts; examination and cross examination of defense witnesses and experts; closing arguments of both the defense and prosecution; and jury deliberations and, finally, the verdict. A defendant who is found guilty will then be sentenced.
The bottom line is that a defendant in a drunk driving case can prevail at trial with the help of a skilled DUI / DWI criminal defense lawyer. An experienced attorney can help determine whether it is better to take the case to a jury trial or negotiate a plea bargain.
