Oklahoma DUI Pre-Trial Question
Reader’s Question:
I just had the arraignment for my DUI case here in Tulsa, Oklahoma in which I pleaded not guilty. Does this mean that they would start to hear my case already?
Reagan
Tulsa, OK
After the arraignment for your DUI case in Tulsa, Oklahoma where in you entered a not guilty plea, the prosecution and the defense would be entitled to engage in a process known as the pre-trial discovery. In this phase of the pre-trial of your DUI case, both parties through the law of civil procedure could request documents and other evidence from other parties or could compel the production of evidence by using a subpoena or through other discovery devices. These devices include requests for production of documents, and depositions.
You and your lawyer will be entitled to review all relevant evidence in the possession of the Police and other State agencies. The Municipal Prosecutor would be ultimately obliged to respond to discovery requests and to assure compliance with the State’s discovery obligations. If the Prosecution fails to comply, your DUI lawyer could apply to the Court for an Order compelling production at the risk of a dismissal or suppression of certain of the State’s evidence against you. This would be through pre-trial motions wherein your DUI lawyer would seek some type of relief from the Judge.
Do I Need DUI Lawyer For Pre-Trial DUI Case?
Reader’s Question:
I just had an arraignment and I already have a schedule for my pre-trial conference. I don’t know if it worked out just fine because I went without a lawyer during my arraignment. Do I need to have a DUI lawyer at a pre-trial to work out a plea deal?
Stella
Tulsa, OK
Technically and legally speaking, you could possibly represent yourself. But quite literally, you would be at the mercy of the court. Remember that the prosecutor would never be on your side. Some judges could be fair, but some of them are extremely harsh to those accused of DUI. This means that the risks are significant and these risks include jail time.
Your DUI lawyer could evaluate your DUI case to make sure there are no legal or police mistakes that should qualify for a dismissal. He/she could nearly negotiate for the minimum penalty allowed under Oklahoma law. He/she can also fight to have lesser criminal and civil charges dismissed, or entered as suspended/concurrent, so they don’t affect you, or further impact your auto insurance rates. The DUI lawyer could also your stress level by walking you through the process every step of the way. That way, you would understand what is happening and you wouldn’t have to worry about being treated unfairly.
Oklahoma DUI Motion to Suppress
Reader’s Question:
We believe that my sister was detained illegally when she was arrested for DUI here in East Canadian, Oklahoma. How can we suppress the evidence gained from her at the time of the arrest?
Zena
East Canadian, OK
A suppression motion based upon the Fourth Amendment to the US Constitution focuses on illegal search and seizure techniques. If your sister was detained illegally when she was arrested for DUI in East Canadian, Oklahoma, her DUI lawyer can definitely file for motion to suppress so that the evidence obtained from the illegal detention cannot be used by the prosecution. Testimony or statements that are obtained as the result of an unlawful detention, arrest, or search are also subject to suppression.
The motion to suppress could be the most beneficial if it is granted, because it can effectively erase any statement or testimony from police officers and law enforcement officials. In most DUI cases, which are DUI misdemeanor cases, the DUI lawyer will set a future date for a hearing to suppress evidence at the arraignment before your sister’s trial.