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What Happens During Each Stage of My Case

If you have been charged with DWI or Drugged Driving DWI, then it is essential that you look for an experienced attorney to represent you in your case. Chad Brown will guide you through the trial process and aggressively seek the best possible outcome for your case. Below are the different phases of a case you must successfully navigate.

 

Arraignment and Period Before a Plea or Trial: The process begins with an arraignment where you will be advised of your charges and your right to have an attorney. If you retain a lawyer, he or she will receive copies of the evidence to be used against you from the District Attorney. The evidence will be reviewed to assess the strength of the case against you and prepare the nest strategy for your case.

 

Preliminary Hearing: The role of preliminary hearings is for the judge to decide whether the stopping officer had reasonable suspicion to stop you and whether the arresting officer (often the same as the stopping officer) had probable cause to arrest you. has enough evidence to convince a jury you are guilty. This is typically the ONLY phase of the proceedings where a DWI charge in North Carolina will be dismissed. In North Carolina District Attorney’s offices rarely dismiss DWI charges. However, if your attorney can convince a judge that the stop or arrest were unconstitutional, the Judge can dismiss the charges.

Plea: Most DWI charges in North Carolina result in a plea of guilty. Understanding the sentencing factors within North Carolina’s DWI law is essential at this phase. If it is in your best interest to plead guilty, it is imperative that you be sentenced as favorably as possible to attempt to avoid jail time and limit the impact on your ability to drive. The issues during this phase are the same if you go to trial and are found guilty.

Trial: Many DWI cases are resolved before they get to trial. However, if your case does reach trial it will proceed in the traditional manner, wherein the State/ District Attorney will present evidence in an attempt to convince a judge or jury of your guilt. If you are charged with DWI, you are innocent until proven guilty and do not have to present evidence of your innocence at trial. During a trial, a skilled DWI defense attorney will work to show that the State’s evidence does not prove beyond a reasonable doubt that the DWI defendant was appreciably impaired. A DWI defense lawyer is trained to question every aspect of every action taken by every person involved in the case against their client. By challenging the statements and actions of the State’s witnesses, a DWI attorney at trial works to raise doubt about the evidence and case against their client. The goal of the DWI defense attorney is to raise doubt about the evidence such that reasonable people could disagree about whether the evidence proves the defendant was appreciably impaired by alcohol or drugs while they were driving. The DWI lawyer who can successfully create this doubt will often get a not guilty verdict at trial.

 

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Request a free consultation using our toll-free number:

800-556-9115

150 Charlois Blvd

Ste 390,

Winston-Salem, NC 27103

(336) 546-5066

303 N. Center Street

Statesville,

NC 28687

(704) 992-3002

104 Broad St

Wilkesboro, NC 28697

(336) 818-9828