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After you are released from jail, the jail will give you an arraignment date. The arraignment is a critical point in the proceeding. We typically appear with the client. At the arraignment, a judge or magistrate will read the charges against you and ask you “how you plead?” Typically, a “not guilty” plea is entered.
At this point you case is set for a pretrial with the prosecutor. We request a copy of the police report and any other evidence that the police have to use against you. We review the police report and other evidence with you. At the pretrial we discuss the case with the prosecutor including defenses. Plea offers are discussed with the prosecutor.
We review the police report and plea offers with you. At this point, we discuss all of your options. You can accept the plea offer made by the prosecutor or reject the offer and have a trial. Typically, you would have a trial because there is a factual dispute that needs to be resolved (i.e. I wasn’t driving the car).
If a plea offer is acceptable, a plea is entered with the court acknowledging liability to the charge before the judge. You are then sent for an alcohol assessment and presentence report. About one month later there is a sentencing. At the sentencing, the court gives your attorney an opportunity to speak on your half. You also have an opportunity to speak to the court. The court then tells you your punishment (i.e. 10 days in jail, 500.00 fines and costs, probation for 24 months, etc…).
IF YOU HAVE A TRIAL …
First, a jury is selected from the jury pool (people called for that day to have jury duty). The trial order is as follows:
1. Opening statements by both sides, starting with the prosecution.
2. The prosecution’s case, introduction of evidence and testimony by the arresting officer and any other expert witnesses. The defense may cross-examine witnesses and challenge the evidence.
3. The defense can now make motions to dismiss the case, especially if the prosecution’s evidence is not sufficient.
4. If not dismissed by the judge, the defense now presents it case by calling its witnesses and additional evidence.
5. After closing arguments, the jury is given instructions by the judge and is sent to deliberate.
6. The verdict is reached and read to the court.
If a not guilty verdict is reached the case is closed. If the verdict is guilty, your lawyer can make additional motions. The judge may issue a sentence immediately or at a later time. It is possible to appeal the sentence.
When you need a Grand Rapids DUI Defense Attorney, remember to call Krupp Law Offices PC for fast honest advice about your criminal problems and get honest advice about your options. Krupp Law Offices represents clients in cases throughout West Michigan, including the cities of Grand Rapids, Big Rapids, Ionia, Grand Haven, Stanton, Greenville, Wayland, Allegan, Holland, Newaygo, White Cloud, Fremont, Coopersville, Hastings, Middleville, Wyoming, and Rockford, including Kent County, Ottawa County, Newaygo County, Ionia County, Mecosta County, Barry County, Montcalm County, and Allegan County, Michigan.
Call for a free phone consultation. Our office can help.
KRUPP LAW OFFICES PC
161 Ottawa NW Suite 404
Grand Rapids, MI 49503
616-459-6636 or [email protected]
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