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WHEN SHOULD YOU TAKE YOUR CASE TO JURY TRIAL IF YOU HAVE A DUI PENDING IN LOS ANGELES?
This is an important question when it comes to a driving under the influence (DUI) case pending in Los Angeles County, because it will usually dictate how your case will be handled by your attorney. If the case is going to go to jury trial then the attorney really does not have to discuss the case with the prosecutor and can just proceed towards preparing the case and you for the trial. If, on the other hand, the case is not going to trial, then there are different defense strategies that can be employed to achieve the best result for you. Your Los Angeles DUI attorney would have to discuss the case with the prosecutor and possibly judge to figure out what can be done to minimize the consequences of the case. In the negotiation process, the attorney can bring things to the prosecutors attention related to character letters, your job, your family, your lack of record and discuss the circumstances of your case that are favorable to you.
When I speak to clients for the first time about their case they are sometimes given misleading or straight out false information by other law firms sales people who answer the phone and mention defenses to them that have nothing to do with their factual scenario. These sales people are given scripts to follow and are not sophisticated enough to go off the script to deal directly with that particular person’s situation. Getting the road map from the beginning is crucial when it comes to properly defending your case. Concepts like, “rising blood alcohol and calibration of the breath machine” can be used to defend you under the right circumstances, but only a seasoned savvy DUI defense attorney should be advising you and making predictions about how your case will go.
As your Los Angeles DUI Lawyer we do everything we can to get your case dismissed or submit a plea bargain but if for some reason your DUI case goes to trial we can definitely help you.
Before the trial even proceeds, there is a motion in limine period when motions are brought up before the court to allow the judge to rule on certain evidence to admit during trial. During this process, our Los Angeles DUI Lawyers investigate all the evidence that is being presented against you and look for any inconsistencies, ambiguities, or weaknesses and draw up a motion to have such evidence excluded.
After the motions in limine are resolved, a jury selection takes place. Jury selection is important because they are the ones deciding in your innocence or guilt. As your DUI Lawyer we will be able to question potential jurors to determine whether they will be fair and impartial.
When trial begins, we will have an opening statement that will be powerful and convincing. The prosecution will go first because he/she has the burden of proof. Thereafter, we have the option as your defense attorney to present our opening statement immediately or wait until the prosecution is done with his/her case. We will make a wise judgement call. Either way, our opening statement for you will be persuasive and favorable to you.
Next the case is brought forward, first by the prosecution. Witnesses brought forth generally include the arresting officer and experts on blood alcohol content. As your Los Angeles DUI Lawyer, we cross examine all the witnesses to expose any ambiguities or insufficiencies. After the prosecution has presented their case, we present evidence to the jury; make motions to dismiss the case on the basis of insufficient evidence; and go forward with our aggressive defense strategy.
Then the closing arguments are presented. This is our last chance to persuade the jury to find in favor of you. We point out any ambiguities or holes in the prosecutions case and place every effort to convince the jury in your favor.
The jury is then instructed by the judge and the jury then deliberates and in order to find you guilty, there must be absolutely not a single doubt. The prosecution must have proven his/her case beyond a reasonable doubt. If the jury is unable to reach a unanimous decision, the jury is “hung” and your case dismissed.
As your DUI attorney in Los Angeles, we do everything we can to get you the best possible results. We prepare for your trial in an efficient, persistent, and zealous manner. We want to protect your rights, your freedom, and your reputation. If you are facing a driving under the influence charge and your DUI case is going to trial, contact our law firm and set up a free face to face consultation.