Dwi Lawyer Arlington Tx – Many people don’t want to face prosecution for DUI charges, but there are those who are committed to the wrongfulness of their arrest and eager to drop it, their friends told the judge. A DVI trial attorney should take both of these considerations into account when working to find the right course of action for their client.
You should know that most prosecutors want to prevent DVI cases from going to trial because trials take time and force prosecutors to use expensive resources that would be better served. However, a criminal case is not the same as a civil case that looks like a settlement because there can be a significant difference in the desired results between the two parties in a DVI case.
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It is important to hire a criminal defense attorney who has extensive trial experience and can provide you with a history of the DVI case. The track record alone will tell you how successful your attorney will be in your case. The attorneys at the Law Office of Richard C. McConathi has represented thousands of DVI cases, many of which were dismissed before trial or resulted in acquittals at trial.
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If you have been arrested for DUI in Fort Worth or any of the surrounding areas in Texas, including Arlington, Azle, Bedford, Benbrook, Blue Mound, Burleson, Colleyville, Crowley, Dalworthington Gardens, Edgecliff Village, Euless, Everman, Flower Mound, Forest Hill , Grand Prairie, Grapevine, Haltom City, Haslet, Hurst, Keller, Kennedale, Lakeside, Lake Worth, Mansfield, Newark, North Richland Hills, Pantego, Pelican Bay, Reno, Richland Hills, River Oaks, Saginaw, Sansom Park, Southlake, Trophy Club, Watauga, Westlake, Westover Hills, Westworth Village and White Settlement, contact the Law Offices of Richard C. McConathi.
Attorney Richard McConaghty will assist you in all important aspects of the DVI trial process and will work hard to fight the charges against you. Call the Law Offices of Richard C. McConathi at (817) 422-5350 regarding your costs for DVI.
Misdemeanor DUI Cases – These types of cases are filed by the arresting law enforcement officer and the District Attorney’s (DA) Office. If the prosecutor decides to prosecute the case, a document called a statement is created. An information is a written statement filed and presented for Texas by a prosecutor alleging that a crime has been committed. The information delivered to the defendant is a notification that he has been charged with a criminal offense. Once the information is processed, a docket is created and the case is assigned to one of the 11 criminal courts in Dallas.
Felony DVI cases – these types of cases are also filed by law enforcement agencies and the prosecutor’s office. If the grand jury determines that there is enough evidence to charge the defendant with a crime, the DA’s office creates an indictment tool called an indictment. An indictment is a written statement by a grand jury accusing a named person of specific crimes. A grand jury is a group of citizens appointed to review criminal charges filed by the police and then decide whether there is enough evidence to believe a crime has occurred and file charges.
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The defendant was allegedly informed that a formal indictment would be filed against them. When a person charged with a crime is arrested, a grand jury hears all the evidence in the case to determine whether a formal criminal charge is warranted.
If a grand jury makes a finding of true law against a person charged with a crime, the grand jury has found evidence to believe that the crime occurred and an indictment is filed charging the accused with the crime. If the grand jury decides not to indict the alleged perpetrator, the person will not be charged with the crime because the grand jury did not believe there was enough evidence to proceed with the case. When a person is formally charged with a DUI offense, their case is presented to one of the 7 criminal courts in Dallas County.
First appearance and arraignment – At your first appearance and arraignment, which occurs after your arrest, the judge will decide whether there is probable cause to continue holding the accused. If there is probable cause, the judge will also identify the defendant’s attorney, inform the defendant of his right to waive the charge, and set bail. The offender will be formally charged and may be charged with a felony or rescheduled for future travel.
Condition – If you are released on bail or bond from jail before your court date, you will receive a notice in the mail from the court you will go to and the date and time of other visits. You must appear in court on the day and time you were given, or your bond will be forfeited and a warrant will be issued for your arrest. Forfeiture means you lose the money you put up as collateral when you show up on your hearing date.
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Pretrial Negotiations – In other cases, before a motion hearing or trial, your attorney and the federal prosecutor, or assistant district attorney, will have an opportunity to discuss the case for the purpose of pretrial negotiations. They will decide whether there is still a case to dismiss the case, for a speedy trial or for a plea deal. A plea agreement is a decision in a case where a federal prosecutor and the defendant agree to a sentence without a jury or a jury. A case may be set, adjourned or consolidated, or a continuance may be sought more than once.
Settlement of Claims – The defendant’s case has a chance to be settled without a jury or panel trial. The Trial Chamber is a trial without a jury. In these plea agreements, they can plead guilty, plead nolo contendere, or no contest to the charges against them. They can accept the plea offered by the government or engage in open pleas. An open plea is when a defendant rejects a plea deal and asks a judge or jury to decide the sentence.
After all hearings and hearings, the case is set for trial if the defendant pleads not guilty or no contest. Usually, when a case is decided at trial, the previous plea charges are considered dismissed and cannot be filed again.
Before the trial begins, the court will have an opportunity to hear any pretrial motions. Your DVI attorney can file a motion showing why the case should be dismissed or a motion to suppress certain evidence. Some pretrial motions may include:
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When the accused decides to plead not guilty, all hearings and testimony are over, and the case is set for trial. The defendant can choose to be tried by a judge or jury. At trial, the federal prosecutor is required to prove that the DUI crime charge is beyond a reasonable doubt. This is the highest degree of seriousness and all the elements of sin.
If the defendant chooses a jury trial, six jurors will hear the evidence presented at the criminal trial. If the case is a DUI crime, the jury consists of 12 members. Jury members are chosen through a process called voir dire.
Once the jury has been selected, the guilt/innocence phase begins. This part of the trial involves the presentation of all the evidence to which the witnesses are called to testify. To convict, all jurors must agree to a guilty verdict. Otherwise, the juror is considered a hung juror, and the juror must attend the hearing. The case can be reopened later if the prosecutor decides that another judge can decide the case.
If the defendant is found guilty, the penalty phase begins to determine the defendant’s sentence. The defendant may choose to have his sentence determined by a judge or jury at a jury trial.
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If the defendant chooses a trial, the judge will determine the defendant’s guilt or innocence and determine the sentence. In addition, the defendant will correct the errors in the case in the appeal process.
Texas Code of Criminal Procedure – This link is to Chapter 21 of the Texas Code of Criminal Procedure, which describes the charges and information, how they are presented, and the types of cases that relate to them.
Texas Code of Criminal Procedure – Trial – This refers to Chapter 36 of the Texas Code of Criminal Procedure, which describes all aspects of a trial before a judge, including trial order, witnesses, arguments by the prosecutor and defense, and jury deliberations.
Texas Penal Code – General Defense – This link for Chapter 8 of
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