Category «Criminal Case»

Jury Verdict

Jury Verdict

Once a judge has given the jury final instructions in a DUI / DWI case, the jurors are sent to deliberate. Once all 12 jurors reach an agreement, a verdict is delivered. Remember, the prosecutor has the burden of proving every element of the case beyond a reasonable doubt. If even one juror harbors any …

Jury Deliberations

Jury Deliberations

After both attorneys in a DUI / DWI trial have made their closing arguments, and the judge has given the jury their final instructions, the jurors are sent to deliberate the case. This is the first opportunity the jurors have to discuss the case with one another. The jurors will elect a foreperson who oversees …

Jury Instructions

Jury Instructions

In a DUI / DWI trial, as in all criminal trials, the jury takes an oath to follow the law. That law is given to the jury in the form of jury instructions. The judge typically reads the instructions out loud and gives jurors a printed copy. Some judges give jury instructions before attorneys’ closing …

Defense Closing Argument

Defense Closing Argument

After each side has presented its case in a drunk driving trial, the attorneys give closing arguments. For a skilled DUI / DWI criminal defense attorney, it is the time to point out to the jury that the prosecutor has not met his burden in proving each element of the case beyond a reasonable doubt. …

Prosecutor’s Closing Argument

Prosecutors Closing Argument

After each side has presented its case in a DUI / DWI case, each attorney gives closing arguments. Closing arguments in DUI trials are the opportunity for the lawyers to give a final pitch to the jury. An experienced drunk driving defense attorney takes this opportunity to show that the prosecutor hasn’t proved the case …

Should the Defendant Testify?

Should the Defendant Testify

During a DUI / DWI trial, both the prosecutor and the defense attorney will call several witnesses to testify. One witness the defense may call is the defendant himself. Whether or not a defendant should testify is a tough question for a drunk driving criminal defense lawyer, and the right answer varies depending on the …

Examination of Defense Criminalist

Examination of Defense Criminalist

During a DUI / DWI criminal trial, the prosecution will call several witnesses, including the arresting officer and a prosecution “expert,” usually an employee of the sheriff’s department, who will interpret the defendant’s chemical test results, blood alcohol content (BAC), and field sobriety tests. An experienced drunk driving attorney will counteract this testimony with his …

Examination of a Prosecution Expert

Examination of a Prosecution Expert

During a DUI / DWI trial, the second witness that the prosecution will call is usually a chemist from the crime lab – their “expert”. This testimony always points toward a defendant’s guilt, but a skilled drunk driving criminal defense lawyer will not only cross-examine the expert, but also call defense experts who will contradict …

Examination of Arresting Officer

Examination of Arresting Officer

In a DUI / DWI trial, both the defense attorney and the prosecutor will call witnesses that support each one’s theory of the case. The prosecution usually begins its case by calling the officer who arrested the person for drunk driving. This is a difficult part of the case, because the officer is going to …

Opening Statements

Opening Statements

Once the jury is selected in a DUI / DWI criminal trial, both the defense attorney and the prosecutor have an opportunity to make an opening statement to the jury. Opening statements are an important stage in the trial, because it gives a drunk driving criminal defense attorney a chance to let the jury get …

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