What is the State's Burden of Proof for DUI in Westminster?

Pretrial Procedure
Almost 60 to 70% of our cases will be settled without having to go to a jury trial. Therefore, the pretrial proceedings are very important in trying to get your case either dismissed or settled with a non-DUI disposition.

Pretrial procedures most often relate to the filing of motions that can dispose of the case without the necessity of a trial. However, there are other pretrial motions used for purposes of preparing the defense that do not go directly to a dismissal of the case. An example of this is the motion for pretrial discovery. Here, we seek to ensure we are in the possession of all of the evidence that exists in the case which the prosecution has in its possession. If a discovery order is violated, some sanction may be imposed by the court but, in all probability, it would not result in a dismissal of the case.

Misdemeanor DUI
Your first appearance before the court will be the arraignment. The arraignment is simply the judge informing you of what offenses you are specifically charged with, and you informing the judge how you are going to plead. The court will not hear any defenses to the case at this time. If you already have a Lawyer by the time of the arraignment then you can ask the judge for a continuance to obtain the services of an Lawyer. The judge will generally not ask you to enter a plea at this time without counsel and will generally give you reasonable time to secure the services of an Lawyer.

Once our office appears and the plea of not guilty is entered, the court will then set the case down for a pretrial conference. The aforesaid procedure at the arraignment can vary from county to county. For example, in some counties, the court will set the matter for a pretrial conference as well as a jury trial date right at the arraignment. Other courts may set a date for a pretrial conference to explore the possibility of disposition and settlement before setting a jury trial date.

After the arraignment we will be pursuing discovery. The discovery process is available for you to determine what evidence the prosecutor has to prove the charges. We will want to see if the prosecutor can prove all of the elements of the crimes you are charged with committing. If so, then you have to explore any and all legal claims, which may prevent the evidence from being used at the trial.

Once the pretrial motions are heard and ruled upon by the judge, the case should be ready to proceed to trial. Sometimes the court, or our office, will want to set a further date for the purpose of one last pretrial conference. This period of time between the hearing on the motions and the settling date can give the parties one last chance to reevaluate their positions and decide whether or not to run the risk of trial.

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