During the preliminary hearing a judge will decide whether there is enough evidence against you to take the case to trial. The judge will listen to the prosecutions evidence and the defendant (usually with the help of a lawyer) and may listen to witness testimony. If the judge decides there is enough evidence to move forward with the case then the next stages are pre-trial motions and the trial. The preliminary hearing will only occur if you plead not guilty during the arraignment. You should have lawyer during this stage of your case.
Most DUI cases do not reach the preliminary hearing. When the evidence against a defendant is strong they will most often plea guilty during the arraignment phase of their DUI case. If you choose to plead not guilty and fight your DUI you will need the help of an experience lawyer to guide your through preliminary hearing, pre-trial motions, and the trial.
Nov 7, 2011 02:25 PM