DC DUI Cases Resolved Before Trial
There are several ways a case can be resolved short of a trial. DC DUI cases resolved before the trial can be due to the parties agreeing to a plea deal or the defense challenging the evidence and proving the prosecutor does not have enough evidence to convict the person. In order to determine whether this may be an option in your case, it is imperative you seek the counsel of an experienced DUI attorney as soon as possible.
Lack of Evidence
A case can be resolved before trial when the defense successfully challenges evidence that is of such magnitude the prosecutor cannot go forward with their case. In a DUI case, that means challenging the basis for the stop where the police pulled over a vehicle and began the DUI investigation. If the police do not have a justifiable reason for the initial stop and that is successfully argued by the defense, all the evidence obtained after the unlawful stop can be suppressed and thrown out. In that situation, the prosecutors have no evidence to present to prove the person was driving under the influence. That is an example of a case being dismissed through the ramifications of a successful defense motion or successful defense arguments before trial.
As a caveat, in DUI bench trials, judges usually hear the defense motions as part of the trial. In that situation, the case can be resolved by a successful defense motion short of a verdict being read; but it likely occurs at the trial.
The government and the defense reached an agreement to dispose a case before the trial through a change in plea, meaning pleading guilty to one or more offenses, or entering into a diversion. Plea deals are one example of how DC DUI cases can be resolved before trial. In most cases in a DUI, diversions still require pleading guilty. However, it does not involve a conviction when the person successfully completes specific programs, does community service, and stays out of trouble for a predetermined length of time. In that case, the guilty plea could be withdrawn and the case dismissed by the prosecutor.
In extremely limited circumstances, there are situations where a diversion can be entered that do not require a guilty plea. Nonetheless, when there is a diversion, there is no conviction if the person successfully completes the diversion and the case is resolved without a trial. The last one is when the government enters into an agreement whereby the person pleads guilty to an offense and is sentenced by the court.
Attaining a Lawyer
The police do not file the charge; the prosecutors do. When a prosecutor looks through the case and files charges, it is unlikely that they will change their mind. However, sometimes as evidence develops; it becomes apparent that the initial decision to file a charge is incorrect. There are several ways a case could be resolved before the trial.
A strong defense can challenge the evidence and try to get the DC DUI cases resolved before trial. There are several ways a defense can benefit you. If you are facing drunk driving charges, it is essential that you speak with a skilled local attorney. They understand the jurisdiction, know the prosecutors and judges, and have the resources and knowledge to help you build a strong defense. There are several benefits to having a lawyer on your side through this process.
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