Montgomery County DUI Trials
DUI trials can be very difficult to navigate. They have many moving parts, and determining which strategy to use is best left to an experienced DUI attorney. DUI trials in Montgomery County have their own unique quirks that necessitate hiring a local lawyer. Reach out to a criminal defense lawyer today to learn more.
Main Steps to a Trial Process
A trial date is a date that is set for the resolution of a case. On someone’s trial date, they have a variety of options. They can certainly go to trial and make the state prove its case. In doing so, the state has to introduce evidence and testimony to support the charges. A defense attorney could cross-examine witnesses, object to evidence, and even make a case if the lawyer wants to.
The alternative is the attorney could consult with the state to try to work out a plea agreement to resolve the case. In those instances, the attorney may be able to negotiate a reduction of charges and dismissal of some or most of the charges. Sometimes a Montgomery County DUI lawyer could push the judge to give a more lenient sentence than would be given if someone were found guilty at trial.
Early Trial
At the onset of a trial, whether it is a judge or a jury, both the state and defense are permitted to make an opening statement presentation to a judge or jury. This tells what the evidence is going to show and why the judge or jury should favor whoever is speaking.
The state has the burden of proof in any criminal case. Therefore, they have to establish any evidence and present first. They will always have the first say.
The state of Maryland is represented by the state attorney’s office. A prosecutor from the office of that jurisdiction will handle the case and present the state’s position.
The State’s Primary Evidence
Primary evidence is officer testimony in a DUI incident, as there will have been a traffic stop, interaction with the alleged driver, and evidence that was obtained throughout the course of the traffic stop. The officer will testify to what they observed. However, there is other evidence that can be introduced such as:
- Documents
- Records
- Blood alcohol levels
- Reports
- Dash camera or body camera surveillance if there is any
Anything and everything that is informative and related to the case can be utilized.
The Defense’s Actions
The defense must listen attentively the entire time the state is presenting its case. Oftentimes, a witness or the prosecutor will attempt to introduce evidence that otherwise should not be permitted. It is a defense attorney’s job to object to evidence that should not be included.
Opening statements give a synopsis of what the trial is going to present, but what follows is the actual arguments to be considered by the judge and jury. After the state has called forth witnesses and introduced the evidence, the defense is allowed to question any state’s witnesses and introduce evidence that may counter some of the prosecution’s evidence at the same time.
Once the state has finished the presentation, the defense may introduce witnesses of their own, including the defendant. However, it is not always necessary to do anything, as the burden of proof lays with the state.
Types of Evidence
Oftentimes there is a third party witness who can confirm or refute the testimony that has been presented. Sometimes individuals may have video they took of the event as it took place. Frequently the defendant themselves may take the stand to give testimony from their perspective.
Closing Statements
Once the state and defense have completed their case or waived their presentation of evidence, the proceeding moves to closing statements. The state has the first opportunity to present. They will sum up all that has been introduced and properly admitted into trial.
The state cannot utilize or discuss evidence that has been excluded nor can they mention the fact that the defense did not put on a case or that the defendant themselves did not testify. The state will summarize the evidence that has been introduced and argue why the defendant should be found guilty. Once the state has finished its closing remarks, the defense can also make a closing argument as to why the state has not made a winning case.
However, once the defense is completed, the state gets one last word called the rebuttal. As they have the burden of proof, they get the first word, they get the last word and they get to summarize or respond to anything the defense said at that point in time. The defense gets no further opportunity to speak.
Bench Trial vs. Jury Trial
In a bench trial, all evidence is presented to a judge. The judge is the sole decider of whether the state has met its burden of proof and established every element of any offense beyond reasonable doubt.
In a jury trial, there would be 12 members of the voter registration and motor vehicle rolls from the county that would be empaneled. The state and the defense would select 12 members for the jury out of many possible jurors. Those 12 would hear the evidence, hear the case, and they determine whether someone is guilty or not.
In district court, bench trials can be resolved in a fairly short period of time, anywhere from 45 minutes to a couple of hours. However, if it is a jury trial, it could easily take multiple days even with the same amount of evidence because of the way a jury trial works.
Which is Better?
Judges are good for the law. If the evidence is insufficient to uphold a verdict of guilt and the technical arguments are in the defense’s favor, those trials are better held by a judge. If there is something that is offensive, egregious or emotional about a case, it would be better in the eyes of a judge who would be more impassive. A jury may be swayed by emotion.
Conversely, if there are elements to the issue or incident that are favorable to the defense and emotionally appealing, it would be better to go to a jury as opposed to a judge. There are always reasons for one or the other depending on the nature of the circumstance.
In a jury trial, the state must prove the case to 12 individuals. The verdict must be unanimous to sustain a verdict of guilt. If even one juror disagrees, there will be what is called a hung jury, and the state can elect to retry it over and over, but it will be unclear how likely that is. It is much easier to convince one person for the state than to convince 12.
Jury Selection Process
When someone is called for jury duty, they are put in a jury pool. The state and the defense will get a list of these potential jurors and all sorts of information about them. There could be reasons to remove certain jurors from hearing the case and to keep others. When they come in, they go one-by-one for what is called a voir dire. The voir dire is a process to screen jurors to get a fair and impartial jury.
For example, the jury pool would be asked, “If you or any one of your immediately family has been a victim of a drunk driving accident, please stand,” and if somebody stands up, they likely would not be deemed a good candidate for a DUI trial when they themselves could have been hurt by a drunk driver at a point in time. They might not have the impartiality needed for a jury so an attorney would move to strike them from the roster. Once enough jurors have been gone through, an acceptable jury will have been formed.
Contact and Montgomery County Lawyer Today
Only a local attorney will know the ins and outs in the courtrooms, the procedure, posture and preference of the judges and prosecutors. Although the law is the same no matter where one goes, every jurisdiction has its own way of doing things, and having insight into what these things are can be useful throughout the trial process.
A motion to dismiss is a motion made by a defense attorney to have a court say there is no merit to a case and dismiss the charge outright. It does not happen that often in a DUI context. Either the state will dismiss it in the court. It is rare to see a motion to dismiss a DUI trial.
Any motion should be filed by an attorney because the attorney will know how to present it, how to present arguments, how to properly file it, and which parties’ copies need to be sent to and complied with, That is what an attorney is for. Hiring an experienced criminal defense lawyer for your Montgomery DUI trial could lead to a better outcome for your case. Contact a local lawyer today to learn more.