Pre-trial hearings can last from several weeks to a couple of months. The most important thing to remember is the right choice of the line of defense. The suspected has the right to represent himself, depending on financial status use the services of a public defender or hire a private attorney.
The defender has to examine the case throughout and use relevant pre-trial motions (a formal legal document asking the judge to take certain action), such as:
- Motion to Suppress Evidence (the defender should examine whether or not all procedures took place according to the instructions. Otherwise, he can ask the court to suppress such evidence which (a) was illegally obtained, or (b) will unjustly prejudice )
- Motion to Dismiss
- Discovery Motion
- Motion to strike prior offenses / Motions to Bifurcate
- Run a probable cause hearing (to contest the validity of the officer’s initial stop of the car)
- Motion to split blood or urine samples
- A “Pitchess” hearing ( it can be discovered that the officer who administered the tests was not properly trained, then such evidence may be excluded from evidence )
It should be noted that it is allowed to use only some prior criminal convictions in order to seek punishment enhancement. Actually, only the following offenses can be used for prior incrimination: DUI “wet reckless”, DUI with injury, out-of-state DUI convictions, boating under the influence, and any DUI conviction that was dismissed under California’s Penal Code section 1203.4 (expungement).
If during the pre-trial phase the evidence got by the defendant are able to make the confidence of being guilty less, it is also possible to negotiate with the prosecutor. In general, the prosecutor will offer a plea bargain. In some cases, it is possible to reduce or even dismiss all charges. The suspected has to evaluate his case and decide whether a plea bargain is a good deal or not for him.
The Margarian Law Firm aggressively protects the rights of criminal defendants in California. If you have faced accusations of DUI, it is essential to contact an experienced California defense attorney who is will provide legal assistance. We handle every aspect of your case, from the very start through the very last court hearing, all for a flat fee agreed upon before we begin.
You may file your request online, by telephone or by mail. 818-553-1000