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Court Process in Clarksburg WV
DUI Court Dates Arraignment and Final Plea in West Virginia
When you’re facing charges for driving under the influence (DUI) in Clarksburg, West Virginia, the legal process begins with official procedures. Law enforcement will conduct an investigation, during which they may evaluate your behavior, analyze your speech, check eye color for abnormalities, and assess any drug or alcohol odors. These are often accompanied by field sobriety tests. If it’s determined that your Blood Alcohol Content (BAC) exceeds the permissible limit, you may be formally charged with a DUI and placed under arrest. Depending on the situation, you could either be held in custody according legal norms or released on bond, which guarantees your future court appearances.
DUI Arraignment Explained
An arraignment is typically your first court appearance after being arrested. This is where you are brought before a judge who informs you of your rights and formally presents the charges against you. At this stage, you have the opportunity to plead guilty or not guilty. DUI arraignments usually take place in a lower county court and often do not require the presence of an attorney. However, you may benefit greatly from consulting with a Clarksburg DUI attorney before making any decisions.
Filing Pre-Trial Motions
Before your trial officially begins, both defense attorneys and state lawyers are required to submit pre-trial motions. These motions aim to outline and set boundaries for the trial process. Pre-trial motions can address various matters such as:
- What evidence can or cannot be presented during trial.
- Which witnesses, if any, may be called to testify.
- Whether or not the case should proceed to trial, or if it should be dismissed.
During this phase, a plea deal may also be offered. With the guidance of a skilled Clarksburg criminal lawyer, you can evaluate whether accepting the plea deal, entering probation, or pursuing alternative options is in your best interest. Collaborating with an experienced attorney, such as one from Mountaineer Criminal Law Group, can make a significant difference in your outcome.
What Happens When the DUI Trial Begins
If your case proceeds to trial, the first step involves jury selection. Here, attorneys will question potential jurors to determine if they can offer an unbiased verdict. Both the defense and prosecution are allowed to dismiss unsuitable jurors before finalizing the jury.
Once the jury is assembled, the court proceedings move forward. The trial process generally includes the following steps:
- Opening Statements: Attorneys from both sides present their case to the jury.
- Prosecution’s Case: Prosecutors call their witnesses and present evidence supporting the charges.
- Cross-Examination: Defense attorneys question the witnesses put forward by the prosecution to uncover inconsistencies.
- Rebuttal and Closing Arguments: The prosecution may follow up with a rebuttal before both sides present their closing arguments to summarize their stance.
The judge will then provide instructions to the jury, who will leave the courtroom to deliberate.
The Final Outcome
After deliberating, the jury will return to deliver their verdict based on the evidence and arguments presented during the trial. If the defendant is found guilty, the jury may also decide on a punishment that corresponds to the severity of the charges.
When to Contact a Qualified DUI Lawyer
Facing a DUI charge in Clarksburg, WV, can be a daunting experience. However, you don’t have to go through it alone. A dedicated Clarksburg criminal lawyer from Mountaineer Criminal Law Group can offer you personalized legal counsel, perform in-depth research, and build a strong defense to secure the best possible outcome for your case.
Whether you’re looking for representation as part of your DUI court process or need advice on pre-trial motions, we’re here to help. Call us today at (304) 381-3656 to schedule a free consultation with one of our expert Clarksburg DUI attorney in Clarksburg. No matter how severe the charges, our team is committed to standing by your side, ensuring your legal rights are fully protected, and working tirelessly to either minimize or dismiss your charges altogether.