In Arizona courts, as in the rest of the country you are presumed innocent. Sometimes prosecutors, a few judges and a lot of jurors think it is the other way around. They assume, you are guilty if you were not you would not be in the courtroom. So it is important to have at least a rough idea of the process you will be going through when you are charged with DUI.
Arizona Rules Apply In Arizona
The driving under the influence court processing in Arizona is a procedure covered by Arizona Rules Of Criminal Procedure. The rules give an outline of how you will be processed through the court system prior to any judgment in your favor or against you. What takes place is a bit different in each court and county in Arizona but the basic frame work will remain the same.
Hit With A DUI Arrest
The event that usually triggers your introduction into the Arizona justice system for drunken driving is a DUI arrests.
You Will Be Given Your Rights
When you are arrested, the official executing this procedure must inform you of your Miranda rights. Then your BAC must be determined this will be done at a variety of locations.
A Citation Is Issued In Most Cases.
The majority of Arizona citizens arrested for are not locked up prior to a conviction most are cited and given a court date. However, those that are booked will be searched, fingerprinted, questioned, photographed then placed in a holding facility where you will either make bail or remain until a court date is set and a decision is made in your case.
If you are charged a preliminary hearing will be held if felony charges have been filed. At this hearing a judge will decide if there is enough evidence to continue to process.
Then there is the arraignment where you are formally charged in court and asked to enter a plea either guilty or not guilty.
Before Trial Conferencing
Next is the pretrial conference, your lawyer will get to negotiate with a prosecutor.
After this if there is no agreement made, motions or evidentiary hearings are next where evidence will be entered or excluded.
The majority of DUI trials are done before a jury unless you wave this right then a trial judge will try your case.
Jury Selection And Opening Statements
After jury selection the trial will begin with opening statements. Some defense lawyers will defer their opening statement until after the prosecution has rested from strategic reasons.
The prosecutor will then present his case for your conviction to the jury. Then the attorney for your defense will present his case for your acquittal.
Next will be closing arguments, jury deliberations and if convicted your will be sentenced. After sentence any appeal can be down.
Important! Remember every court and case is a little different so stick to the advice of your defense attorney for the specific details of your case.
Originally posted 2016-12-11 15:04:03.