Chapter 5: The Court Process: From Arraignment To Sentencing

Unpacking Arraignments

An arraignment marks the initial court hearing following the filing of criminal charges by the district attorney or local prosecutor. Typically, this is the first official proceeding in a DUI or criminal case. During the arraignment, the accused is informed of the charges against them and their legal rights. It’s at this stage that you’d enter a plea of not guilty or request to continue the case for further proceedings.

In a DUI case, you have several options for entering a plea. At the arraignment, the most common plea is not guilty. However, if you decide to resolve the charges at a later stage, you can enter a plea of guilty or no contest, with the latter being more common. If you choose not to resolve your case through a plea, it will be set for trial. Ultimately, this means the case will be decided by a jury of your peers.

Possible Outcomes Of A DUI Trial

When DUI cases go to trial, the prosecution bears the burden of proving guilt beyond a reasonable doubt. The jury can either find that the prosecutor has not met this burden and acquit the accused of all or some of the charges or that the prosecution has met the burden and convict the accused of all or some of the charges.

If the jury cannot reach a unanimous decision regarding guilt or acquittal, it will inform the court that it is deadlocked. If the court determines that the deadlock cannot be resolved, it will declare a mistrial. Following a mistrial, the district attorney or prosecutor can either dismiss the case or opt to retry it. This decision often hinges on the jury’s voting split; if a significant number of jurors favored a guilty verdict, the prosecutor is more likely to pursue a retrial.

Attorney Michael Linscheid is a DUI defense lawyer based in San Francisco with an unparalleled dedication to his clients. This is evidenced by how he’s helped them navigate arraignments and court proceedings associated with their DUI charges for over 20 years.

With this experience, Michael is well-versed in mitigating factors and appealing convictions to achieve favorable outcomes. His abilities ensure that you receive comprehensive support and informed legal strategies tailored to your case. Still have questions? Ready to get started? Contact the Law Office of Michael Linscheid today to schedule an initial consultation

Mitigating Factors And Their Influence On Sentencing

Mitigating factors are circumstances that can positively influence the sentencing outcome in a DUI case. These factors can lead to more lenient sentences by highlighting aspects of the case or the defendant’s history that warrant consideration for reduced penalties. Key mitigating factors include:

• Lack Of Prior Criminal Conduct: A clean criminal record, especially with no prior DUI arrests or convictions, can favorably impact sentencing.
• Blood Alcohol Level: A blood alcohol level at or near the legal limit is more likely to result in a better resolution than a level that is significantly above the limit.
• Nature Of The Stop: If the stop was for a minor infraction, such as not turning on vehicle lights, rather than a serious incident like an accident, it is considered a mitigating factor.
• First Offense: If you have been driving for many years without any prior offenses, this long period of lawful behavior can be viewed positively.
• Rehabilitation Efforts: Participation in self-help or substance abuse treatment programs demonstrates a commitment to addressing underlying issues and can benefit sentencing outcomes.

Effectively presenting these mitigating factors makes it possible to achieve a much more favorable resolution in your DUI case, potentially reducing penalties dramatically.

Appealing Your Guilty Conviction

If you are found guilty of driving under the influence and want to appeal the decision, there are several considerations you’ll need to keep in mind as part of this process.

Firstly, you’ll begin the appeal process by filing a notice of appeal with the clerk’s office within 30 days of your conviction. This step is crucial to preserve your right to appeal.

If you are convicted of a misdemeanor, your appeal will need to be submitted to the appellate division of the Superior Court in California. If you are convicted of a felony, then you’ll have to appeal to the District Court of Appeal.

You can appeal various aspects of the trial on several grounds, including:

• Pretrial Decisions: Any decisions made by the trial judge before the trial that you believe were incorrect.
• Jury Instructions: If you believe the instructions given to the jury were flawed or misleading.
• Prosecutorial Misconduct: Any inappropriate or unfair actions by the prosecution that may have affected the trial’s outcome.
• Ineffective Assistance Of Counsel: If you believe your trial attorney did not provide competent representation.
• Court Decisions: Any other rulings or decisions made by the court during the trial.
• Jury Issues: Justified by any problems or irregularities with the jury process.

For more information on The Court Process: From Arraignment To Sentencing, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 728-9982 today.