When you’ve been convicted for driving under the influence, you want to make sure that your case is resolved in the shortest amount of time possible. However, there are many variables that affect how long DUI cases in and around Mechanicsburg, PA take. By hiring the best DUI lawyer in the area, you will make sure that you have excellent chances of a favorable outcome and that your case is wrapped up within a reasonable timeframe.
Because every case is so different, it is impossible to say how long a DUI case might take. Depending on the severity of the case and whether you have to go to trial, the length of the proceedings will differ vastly.
Some people are able to get their case dismissed at the preliminary hearing, which means that the process will be complete within a few weeks. However, if it progresses to trial, it might take many months, and even longer if you decide to appeal. Let’s have a look at all the steps you might potentially have to go through and how they affect the length of your case as well as the potential outcome.
After being arrested for driving under the influence, you are usually not kept in jail for a long time. Instead, you are released, and you’ll receive a formal complaint by mail. This letter will include a court date in your local district court for your preliminary hearing, and it’s crucial that you attend because you could otherwise get arrested. The prosecution will try to prove that they have a case against you, so this is a crucial step in the process.
When you hire competent DUI lawyers, their first priority will be to try and get your case dismissed at the preliminary hearing. There are several methods to do so, and they include proving that the breathalyzer test was inaccurate, that there was no probable cause for your arrest, or that the officers behaved in an illegal way during the investigation.
If the authorities decide that there is a case against you, you will be formally arraigned at the Court of Common Pleas. Your charges will be read out loud, and you will plead either guilty or not guilty. The way you should plead depends on the individual situation of your arrest and conviction, and your lawyer will help you to decide what the best course of action is.
This is also the moment when your attorney is able to have a look at the police records related to your arrest as well as the results of the blood or breathalyzer test. These can be very valuable when fighting for your rights later on.
A pre-trial conference will be scheduled before your actual trial, and this gives your attorney a chance to enter motions that could be advantageous to you. For example, they can argue that the tests were inaccurate and you actually had a lower blood alcohol count or that parts of the evidence should be suppressed because they were obtained illegally.
In some cases, your lawyer can negotiate a better deal with the prosecution at this point, so they will aim to finalize the deal during the pre-trial conference. This would mean that your case is over and you don’t need to appear in court.
The ARD program is for first-time offenders, and it can significantly speed up the process. This can be a much better outcome than a criminal conviction because you simply need to fulfill all the necessary requirements, and your DUI can get removed from your record once you have done so. What’s more, you will lose your license for a much shorter period of time, and the punishment is less severe.
Admission to the ARD program is only possible for first-time offenders, and it is at the discretion of the District Attorney’s Office, so you should speak to your attorney about whether you’re likely to be eligible. They will know how to lay out your case so that you have a good chance of being able to participate.
The next step in your DUI case will be your trial. Your lawyer will prepare a defense for you, which will be presented to the judge and help them to decide whether you are guilty or not. In order to convict you, the prosecution must prove that a DUI offense was committed and that you were the person responsible for this. Otherwise, your case will be dismissed. If the judge decides that you are guilty, your sentence will now be determined.
In some cases, you might be able to appeal your DUI conviction, although this is not always a possibility. To successfully appeal, you have to prove that there was an unlawful element present in your conviction, for example, that some part of the evidence was collected in an illegal way or that the wrong law was used to make a decision. Your attorney will be able to let you know whether there are grounds for an appeal or not.
As you can see, DUI cases in Mechanicsburg, PA can take many weeks or months to be resolved, and the outcome can be severe. Repeat offenders with a blood alcohol content of more than 0.16% might face up to five years in jail, so it’s crucial that they enlist the help of the best DUI lawyer possible.
When facing a conviction, the most important thing you will do is to get in touch with a highly knowledgeable and experienced attorney who can analyze your situation and fight for your rights. Let’s briefly look at how you can make sure that the person you choose is going to provide you with excellent counsel.
There are several things you should look out for when choosing which lawyer to hire. Make sure that they have been working in the local area for a few years, so they know both the federal and the statewide laws. They should also have a good reputation in the community. One of the easiest ways to find out more is to have a look at testimonials. Previous clients will know how it is to work with a particular firm, so they are the best people to turn to.
You can also check out the attorneys’ biographies to find out whether they are well educated and qualified. Once you’ve found someone who might be a good fit, book an initial consultation with them. That way, you can get to know them on a personal level, which helps you to decide whether you will be happy to share the intimate details of your case and work with them for a long period of time.
DUI cases in Mechanicsburg, PA can take a long time, but they can also be dismissed very quickly if there are not sufficient grounds for conviction. To get the most advantageous result possible, get in touch with the best DUI lawyer in the area. Call or message us at Jameson Stone to book your initial consultation and speak to one of our expert attorneys.