After you have been arrested for drunk driving, a confusing series of events unfolds that your Colorado DUI attorney is uniquely qualified to sort out for you. In the beginning stages of your case, you will receive a complaint, which is simply a description of the charges against you. Next, you will receive a summons which compels you to appear in court regarding the complaint. Your attorney will be with you every step of the process to explain things as they happen.
Colorado Springs DUI Attorney at Your Arraignment
As your Colorado DUI attorney, I will be there for your arraignment. During the arraignment, the judge will formally read the charges against you regarding your Colorado DUI and will ask you to enter your plea to the charges. If you plead guilty, the judge may opt to sentence you right there. If you plead not guilty, your case moves along to the pretrial and trial process. Most likely, an experienced DUI attorney will advise you to plead not guilty. This gives him time to examine all of the evidence against you and determine whether the prosecutor has a case.
During pretrial conferences, I will talk with the prosecutor about the possibility of a plea agreement. This means that you would agree to plead guilty to a lower charge if you waive your rights to a trial. Depending on the particulars of your case, I may advise you that a plea agreement is not in your best interests.
Assuming that you and your attorney opt against any plea agreements, the next stage of the DUI court process involves motion hearings. This is the time when your DUI attorney legally contests some of the evidence that the prosecution plans to use in your trial. The motions are a formal request to suppress this information from the trial. The judge hears the evidence and what both the prosecution and your defense attorney have to say, and then he rules as to what is admissible at trial.
When your trial date arrives, a Colorado DUI attorney will speak with you about the benefits and disadvantages of either a jury trial or a bench trial. The specifics of your case dictate which type of trial is most advantageous for you, and your attorney will include you in that decision. If you are found guilty at your trial, sentencing is the next phase. If you are found not guilty, then the case and all charges against you are dismissed. Either way, your Colorado DUI attorney is your partner in navigating these complicated legal waters.
