Seven Steps Of The Trial Process Described By A DWI Attorney In El Paso

The basic framework of a DWI case is definitely the pre-trial motions and trial. A large number of DWI cases will never get to a trial because the person going to trial for DWI will accept a plea bargain where they admit guilt in exchange for being charged with a lesser offense. The DWI case will go to trial if a plea bargain can't be reached between the defense and the prosecutor. Most people understand the trial phase of a case according to their experiences on observing them on Television. A jury of your peers will hear all of the evidence against you and determine to convict you or not based on the evidence and whether or not or not they believe you are guilty beyond a reasonable doubt. If your DWI case goes all of the way to the trial there will be a sequence of seven steps: pre-trial motions, selecting jury members, opening statements, witness testimony, a cross examination, closing arguments, jury instruction and finally jury deliberation and verdict.

Pre-Trial Motions These motions typically are made by your DWI attorney demanding that the judge decrease evidence or prevent the prosecution from doing something during a trial. Pre-trial motions can also include trying to prevent the prosecution from using professional witnesses or quite possibly to attempt to dismiss your case completely. Some of the feasible motions or arguments that your DWI attorney could very well argue can be that the police officers may have questioned you without informing you of your Miranda rights, your breathalyzer test wasn't administered properly or that the arresting officer may have searched you illegally. If the police conducted them unlawfully or inappropriately it's during the pre-trial motions your El Paso DWI lawyer utilizes those mistakes against the police to exclude evidence or witnesses.

Jury Selection Jury pools are generally assembled from varying lists of your own local residents. These prospect lists are pulled from DMV records, utility billing or voting registrations. The court is wanting to assemble a fair and equitable cross section of your own local people once they put together the jury pool. According to this, if 25 percent of the society is African- American then the goal is for 25% of the jury pool to be African-American as well. Don't be mixed up with this ratio as the Constitution only mandates that the jury pool be a honest representation of the county population not the exact jury that is selected. Once the jury pool is grouped together all of the possible jurors go before the judge, the DWI attorney as well as prosecutor to reply to questions to determine if they're fit enough for this trial. The primary reason this is done is always to ensure that the jurors aren't biased towards defense of the prosecution. If one of the individuals in the jury pool has already lost a spouse in a DWI collision your DWI attorney would move to eliminate them from your jury pool believing they'd most likely be biased towards you.

Opening Statements The DWI trial can begin immediately after the jury has been decided on. The attorneys are allowed to communicate to the jurors about your case for the first time throughout opening statements.

Witness Testimony and Cross Examinations This really is the component of the trial in which both your DWI attorney and also the prosecution are allowed to call the witnesses to discuss the incident in front of the jury and the judge. Once a witness is brought into court by both the defense as well as the prosecution the opposing sides can cross examine him or her if they want to do so. Cross examination explained is that the attorney for the prosecution is questioning a defense witness or even your DWI attorney is asking questions of the witness brought by the prosecution.

Closing Arguments This typically happen near the last part of the case when your DWI attorney and the prosecuting attorney are allowed to sum up their case and evidence brought forth attempting to convince the jury that his or her side of the case ought to be triumphant.

Jury Directions The Judge will give instructions to the jury detailing applicable laws that they will need to understand in order to review the facts of the case to make an informed judgment. The judge typically will read the DWI statutes to the jury in plain English to eliminate any confusion from the legal jargon.

Jury Deliberation and Verdict This is the final portion of the DWI trial in which the jury will be excused to chambers where they will talk over your case with out getting interrupted by the judge, the DWI attorney or the prosecuting attorney. As soon as the jury has formed a final judgment, everybody will return to the court room where by the jury informant will read the judgement aloud in court.