What is the process in my DUI case?
For many people, understanding the process in the process in their DUI case would relieve a lot of stress and anxiety. Uncertainty about the court process causes most people a lot of worry, and quite honestly, that is worry that can be easily resolved. One of the things that we at Hong & Sessions Law, LLC, pride ourselves on is removing some of the mystery surrounding the court processes. It is important to realize that this list is not exhaustive, and the process can vary "slightly" from case-to-case, but this is the general procedural flow of a DUI case in Georgia and, particularly, in Gwinnett County.
Step 1 in Your DUI Case: Getting a Bond
In most courts in Gwinnett County, the bond for misdemeanor DUI cases is set by a schedule. That means that usually you do not need an attorney to help get a bond and, once you are arrested and fingerprinted, the jail will let you know the bond amount without you being required to appear before a judge.
Step 2 in Your DUI Case: The Arraignment
The arraignment is a required hearing where you may insist upon the Judge reading aloud to you the charges that are pending against you. The Judge reading aloud the charges against you is a process known as formal arraignment. A formal arraignment in your DUI case almost never happens. Most people waive formal arraignment and enter a not guilty or guilty plea at their arraignment. The arraignment is an early opportunity to speak with a prosecutor about your DUI case. It is not uncommon for lawyers (or unrepresented people) to speak with a prosecutor about a particular case for the first time at the arraignment.
Step 3 in Your DUI Case: Filing Appropriate Motions/Special Pleas/Demurrers
Motions, special pleas, and demurrers are an exceptionally important part of DUI cases. Most premier DUI defense attorneys rely heavily upon motions, special pleas, and demurrers in the defense of their clients' cases. Motions, special pleas, and demurrers must be filed within 10 days of the date of arraignment or they may be deemed waived.
Step 4 in Your DUI Case: Receiving Discovery From the State
Filing appropriate motions for discovery of the State's evidence against you is extremely important, but ensuring that you have received everything that you are entitled to from the State is equally important.
Step 5 in Your DUI Case: Litigating Appropriate Motions/Special Pleas/Demurrers
Generally, the Court will set your case for a pre-trial hearing before the trial calendar. At this hearing, your lawyer will argue all motions that he/she intends to be ruled upon prior to the trial of your case. Motions that are not argued at this hearing are deemed waived/withdrawn.
Step 6 in Your DUI Case: Calendar Calls
At the calendar call of your case, the Court asks whether the State and the Defendant are ready for trial. The Court will set the case for trial at the calendar call generally.
Step 7 in Your DUI Case: Trial
The trial of a DUI case involves an exceptionally complex and dynamic web of decisions. The trial may take place before a judge or a jury.
You deserve to be well-informed about the court process.
We understand how important it is for you to be well-informed about the court process and the decisions that must be made in your case.