When a suspect is taken to trial for a DUI charge, there is certain
procedure that is followed. A sequence of events ensues in order to determine
whether the suspect is guilty or not. The order of events is as follows.
Opening statements
The opening statement is what kicks off
the trial. Often times, defendants or suspects choose to waive their rights to
an opening statement during ticket related offenses or trials, but Charlotte,
NC DUI lawyers are in agreement that it would be very unwise to waive this
right when a jury is in charge of the outcome of the trial. Your legal
representative should have a chance to shine in their opening statement like
Lt. Daniel Kaffee did in A Few Good Men.
The opening statement can sometimes make
a substantial difference as it did in A Few Good Men. It is basically an
opportunity for the suspect to make a solid first impression with the jurors.
In addition, it allows the suspect to present himself or herself as a
respectable member of society who has all the right intentions at heart. It is
important to look presentable and have neutral facial expressions as a defendant in a DUI case.
The prosecution’s testimony
After the opening statements are issued
the prosecution is allowed to present its testimony against the suspect. The
prosecution at this point will go ahead to specify the details of your DUI arrest and the charges levied against
you. The arresting officer will take the witness stand and be interrogated by
prosecuting attorney. However, Charlotte area North Carolina DUI lawyers stress
the fact that the defendant does have the right to object to any questions they
may feel are unfair or inappropriate.
You see this all the time in the
fantastic show The Good Wife. But sometimes even if you do not answer these
questions the prosecutor still made their point be even asking the question(s)
in the first place.
Suspect’s cross examination
The defendant is then allowed to cross
question the witness/witnesses that were called upon by the prosecution. It is
best to be respectful, courteous, and factual while questioning the prosecution’s
witnesses.
The suspect’s testimony
This can be a turning point in the
trial. This is when the DUI defendant can either make or break his case. The
defendant now has the chance to present his DUI defense to counter the claims of the prosecution.
The suspect may at this point present evidentiary support to discredit the
claims of the prosecution. Evidence can be in the form calling upon your own
witnesses to testify in your favor. Having a concrete Charlotte, North Carolina
DUI lawyer representing you will really pay off during this stage of the trial.
Prosecution’s cross examination
Any witnesses that you called upon to
testify in your favor may now be subjected to questioning from the prosecutors.
It is best to prepare your witnesses for this affair. Your legal representative
can work with the witnesses before hand to get accustomed to a fierce line of
questioning and can also train them on how to answer similar questions
effectively.
Closing arguments
Once all the evidence is presented and
all of the testimonies and questioning wrapped up, both sides get one last
chance to summarize their claims and convince the jury to side with them. Once
the closing arguments are concluded, the jury will declare their verdict
accordingly.
There are a lot of directions a trial
can go but if you do not have strong legal help the only direction it will
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