WHAT HAPPENS AFTER A DUI ARREST IN PENNSYLVANIA?
7 Phases of a Pennsylvania DUI Case
If you've been charged or arrested for a DUI in Pennsylvania, you're probably wondering what the entire DUI arrest process looks like.
Here are the 7 Phases of a Pennsylvania DUI Arrest Case:
1. Preliminary Hearing
In essence, this hearing is to determine probable cause. That is, the state must prove there was a crime committed, and that you are the most probable person that committed that crime (also known as prima facie). This stage is critical to the defense of your DUI. Witnesses, including police, can appear for cross examinations, and the written record of these proceedings can be used later in your case. It would be a critical mistake to waive this hearing without the benefit of a PA DUI Lawyer.
2. Arraignment
This is a court appearance that typically occurs 30 to 60 days after your DUI arrest. Your attorney may be able to attend this hearing on your behalf – you may be able to avoid appearing for the arraignment in person. Primarily, the arraignment is to advise you of your rights, which your attorney can do for you at their office, or anywhere outside of court.
3. Pre-Trial Conference
Some counties in Western Pennsylvania employ this practice. This is where your attorney will discuss your case with the Prosecutor, and this serves as the appropriate time for plea bargain negotiations, if that is in your best interest. Usually, the Pre-trial Conference is approximately 6 weeks after your arraignment, the actual date is set by the Court.
4. Suppression Hearing
Some or all of the evidence against you may be suppressed by the Court, if your constitutional rights were violated. The suppression motion must be filed within 30 days of your arraignment. The suppression hearing is typically held anywhere from 6 weeks to 90 days after your preliminary hearing.
5. ARD Program (Accelerated Rehabilitative Disposition)
The workers’ compensation laws prevent an employee from suing an employer for work-related injuries except in specific cases. Employers are protected from lawsuits by injured employees by providing workers’ compensation coverage.
However, if the employer intentionally injuries an employee or is grossly negligent, the employee might have the right to sue. Also, if a third party causes the employee’s injury, the employee may have a personal injury claim against the third party. A third-party lawsuit can result in additional compensation for the employee, such as full compensation for lost income and compensation for pain and suffering damages.
6. Trial
By law, you are entitled to a trial by a jury of your peers. Sometimes, it is beneficial to have a trial in court with a jury of twelve, in front of a judge. PA DUI law was changed dramatically in 2003, and the right to a jury trial is not always a possibility.
7. Sentencing
A sentence is imposed by the Court after a conviction (in a trial) or a plea bargain has been established and a plea has been entered. Sentences can include such punishments as jail time, home detention, community service, fines, and alcohol classes. Pennsylvania DUI law is complicated, and sentencing can depend on multiple facets of a case. That is just one reason why you should be sure to hire an experienced PA DUI lawyer to defend your charges.
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