Pittsburgh DUI Lawyer

George Heym presents the major steps in the Pennsylvania Criminal Justice System that you will have to participate in if you are charged with a DUI.

Preliminary Hearing

This hearing will be held in front of a District Judge and is initiated by a police officer filing a criminal complaint against you. The purpose of this hearing is to determine whether or not the Commonwealth can establish enough evidence for the case to be sent to Common Pleas Court for trial. The burden of proof on the Commonwealth at a preliminary hearing is "Prima Facia" which is a very low burden of proof. However, that does not mean that DUI charges cannot be dismissed, or worked out to lesser charges, at this proceeding. Therefore, it is very important to be represented by an experienced Pittsburgh DUI Lawyer at your preliminary hearing. If all, or some, of the charges are held for court you will next have to attend a . . .

Formal Arraignment

At this proceeding a Common Pleas Court Judge (or a member of the Court staff) will officially inform you of all of the charges against you. The Judge will read the charges from the Criminal Information. You will also be given a date to return for a . . .

Pre-Trial Conference

At this conference you, and your DUI Defense Lawyer will meet with the prosecutor assigned to your case and pick a date for your case to proceed to trial. It may also be a good opportunity to receive discovery in the case, confirm which mandatory DUI Jail sentences apply and negotiate potential plea agreements. This is why it is so important to be represented by an experienced Pittsburgh DUI Lawyer prior to this time. Next, you will have to return for the . . .

Trial Date

On this date, you will be expected to proceed to trial. However, there are several things that can actually happen on this date. First, you can actually proceed to trial. You will have the choice of proceeding with either a non-jury or a jury trial. Second, you might negotiate a plea agreement with the prosecutor. Third, the case might be postponed because one of the parties is unable to proceed to trial on that date. Finally, if the Commonwealth is unable, or unwilling, to proceed with the case it will be withdrawn by the prosecutor or dismissed by the Judge. Only a knowledgeble DUI Lawyer can evaluate your case to determine which of these options is in your best interest. If you are convicted of, or plead guilty to, your DUI charges you will then have to proceed to . . .

Sentencing

After conviction, or plea, you will have the right to ask the Court for a pre-sentence report which will postpone your sentencing for approximately 90 days or you can waive your right to the pre-sentence report and ask the Judge to impose sentence immediately. At sentencing it is imperative that your Pittsburgh DUI Attorney have the training and experience necessary to ensure that the correct mandatory DUI sentence is imposed. Otherwise you could end up being sentenced to far more jail time than you should. You will then have to . . .

Serve Your Sentence

If you are represented by an experienced Pittsburgh DUI Lawyer, mandatory DUI jail sentences may often be served in alternative housing or on house arrest rather than in jail.

Definitions

Alternative Housing
Mandatory DUI Jail sentences may sometimes be served in what are commonly known as halfway houses instead of Jail. Such a sentence may also allow for the individual to attend work and/or school during the day and return to the facility at night.

Burden of Proof
The level of evidence that must be presented by the Commonwealth.

Criminal Information
A formal charging document filed with the Clerk of Courts which specifies the particular crimes the accused is charged with and the dates on which they occurred.

Discovery
This is a copy of all of the evidence that the Commonwealth has against the accused. It may include police reports, Breathalyzer or Laboratory reports, photographs, witness statements, expert reports and any other evidence that has been obtained by the Commonwealth.

House Arrest
Very similar to alternative housing except that the individual is incarcerated in their home. The individual wears a monitoring anklet which allows their whereabouts to be tracked at all times. This type of sentence may also allow for the individual to attend work and/or school.

Jury Trial
Twelve citizens of the Commonwealth sit as the "Judges of Fact" and decide whether the individual is Guilty or Not Guilty. During the trial a Common Pleas Court Judge will make all legal rulings and instruct the Jury on the law to apply to the facts.

Non-Jury Trial
A Common Pleas Court Judge will make factual decisions instead of a jury and return the verdict of Guilty or Not Guilty.

Plea Agreement
This is an agreement reached by the accused and the Commonwealth. A plea agreement can involve pleading guilty, or no contest, in return for a reduction in the charges and/or an agreed upon sentence. An experienced Pittsburgh DUI Lawyer will be able to get you the best plea agreement under the particular circumstances of your DUI case.

Pre-Sentence Report
The Department of Probation prepares a report to aid the Court in sentencing. It will summarize the crime, the individual's prior criminal and personal background and a statement from the victim(s).

Prima Facia Case
The Commonwealth must present evidence that a crime has been committed and that the accused is probably the perpetrator of that crime.

Probation
During a probationary period the individual is not incarcerated but is supervised by an officer from the Department of Probation.

Pittsburgh DUI Lawyer George Heym

564 Forbes Avenue, Suite 1119

Pittsburgh, Pennsylvania 15219

(412) 521-2628