DUI Process - Court Appearances and Legal Steps

There are various steps that will always occur if you are defending yourself against drunk driving charges.  Below are listed the basic process that will occur.

The Arrest - Following your being pulled over and being subjected to a breath test, this will determine whether you are over the legal limit.  If it found that you are, you will be arrested for drunk driving, booked, fingerprinted, and processed.

The Arraignment - The arraignment is your first court appearance.  It will normally occur the next business day after your arrest.  You will be required to appear before the court, if possible with an experienced Springfield OUI attorney representing you, and plead not guilty. While this appearance may be mainly a formality, you will be able to get a copy of your police report and a date for pre-trial will be scheduled.  At this stage the court will schedule the date and your attorney will plan your defense strategy.

The Pre-trial - During the pre-trial conference or hearing your lawyer will sit down with the prosecution and review the case. At this time you may be offered a deal.  If it looks like you will need to go to trial, then your attorney will need to prepare for trial.  If your attorney determines he will be taking this to court, he will need to review all details of the arrest with you at that point.

The Motion Hearing - At a Motion to Suppress hearing, the police officer will testify as to exactly what occurred during the stop.  They will have to state all the details as to why they pulled you over and/or assumed you were impaired.  Your attorney will ensure your rights were not violated by the arresting officers due to failing to follow correct procedure.  This is the opportunity to challenge the evidence.

The Trial - If it becomes necessary to bring your case to trial, your case will be heard before either a judge or a jury.  Both your attorney and the prosecutor will present the evidence.

OUI Lawyer in Springfield

The Sentencing - If you are found not guilty, your case will be dismissed.  If you are found guilty, you will be sentenced.  If it turns out you are convicted, our office will assist you throughout the necessary steps that will follow and make arrangements for your probation.  Our knowledgeable attorneys will explain the whole process to you so you'll understand what you'll need to do.

Law Enforcement in Massachusetts will aggressively pursue a conviction.  Therefore, it is obligatory that you retain a persistent and experienced Springfield DUI Defense Attorney from the Law Offices of Irwin Pollack to carefully assess each legal aspect of your case in order to make sure that law enforcement followed the law and required protocol. 

If you are in need of a Springfield DUI Attorney, The Western Massachusetts DUI Defense Group online for a FREE Case Evaluation.