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Montgomery County DUI Trials

Individuals who are considering going to Montgomery County DUI trials or are required to do so should speak with a hard-working DUI attorney. Going to trial could be intimidation legal decision that requires careful planning and preparation. A seasoned lawyer could use their experience to review your case and build your defense.

Reasons Why a Case Might Go to Trial

A DUI case in Montgomery may go to trial if the defense attorney makes a determination that the state does not have sufficient proof to move forward with the alleged charges after evaluating the case and having discussions with the accused. The DUI lawyer could offer alternative facts or theories to challenge the state’s evidence in a particular case. In some situations, the defense attorney and the accused may decide to go to trial when the state does not make may a beneficial plea offer. This could make a trial the better option for the accused.

How Montgomery County District Courts Judges Treat DUI Charges

The district court in Montgomery County hears all misdemeanor cases and, in some cases, felony cases. While Misdemeanor cases are usually heard at this level, this occasionally varies. DUIs are treated extremely seriously despite the fact that they are misdemeanor charges. The concern with DUI cases is that drunk driver may endanger themselves or others with their conduct. Consequently, DUI cases in Montgomery County are prosecuted vigorously by the state during a trial. District court judges are chosen by an application process. A judicial review committee conducts a review of the prospective judges and makes a determination about whether they properly qualify to be judges within the court system.

Drunk Driving Cases in Montgomery County Circuit Court

The circuit court usually hears felony cases. The most serious felony cases include murder, rape, armed robbery, and other offenses of a similar nature. Cases originally heard in the district court could be transferred to the circuit court if the person did not like the resolution and appealed it or requested it to be moved to a circuit court for a trial by jury.

Montgomery County Circuit Court judges tend to treat DUI charges seriously just like district court judges do. They recognize the public safety issues associated with DUIs and public policy concerns of not taking these kinds of cases seriously. Circuit court judges are chosen in the same way as district court judges, through an application process or a judicial review committee that conducts an evaluation and a series of interviews to identify the appropriate nominee who is approved by the governor of the State of Maryland. Some circuit court judges were criminal lawyers in their pre-judicial employment while others were immigration lawyers or personal injury lawyers. All kinds of attorneys may be nominated to become a judge in Montgomery County.

Resolving a Case Before Trial

Cases could be resolved before trial through negotiation with the prosecution. Typically, prosecutors make offers for resolution with defense attorneys. The defendant and their legal counsel may then determine whether the offer is in the best interest of the accused based on the evidence and information the state presented.

How to Prepare For a DUI Trial

A person with a DUI case should prepare for their trial by consulting with an attorney who has expertise in handling such cases. The individual should follow the instructions of the defense lawyer regarding:

  • Substance abuse treatment that must be completed before a trial
  • Witnesses that should be subpoenaed
  • Discussion about whether the defendant elects to testify

The defense prepares the accused for proper testimony and for the court decorum as well.

Required Decorum For a Courtroom

Court decorum refers to the appropriate behavior and appearance in a courtroom. It includes how to properly address the judge, how to dress for the court appearance, and also the proper procedures for responding to questions presented by the defense attorney and the prosecutor. This information could assist a person in conducting themselves in accordance with the court’s rules when they appear for the hearing.

What to Do on the Day of a Trial

The most important thing a person should do when they arrive at the courthouse on the day of their trial is to ensure that their attorney knows they are present. The individual should also check into the proper courtroom to let the clerk know they are present. The courtroom clerk might ask the person to take a seat and wait for their attorney to arrive since court personnel is not supposed to have conversations with parties that are represented.

On the day of trial, a state’s attorney calls witnesses to testify. The defense has an opportunity to cross-examine the witnesses and then call witnesses of their own. The state has an opportunity to cross-examine the witnesses for the defense. The defendant may testify in their own defense if they elect to do so.

A Montgomery County Attorney Could Help With DUI Trials

Before proceeding with Montgomery County DUI trials, it may be crucial for defendants to consult a well-practiced defense attorney. Drunk driving cases are serious matters that could have both a long-term and short-term impact on various aspects of a person’s life. Reach out to a skilled attorney today to learn your options before proceeding with the case.