DUI Court Process

Starting with the right attorney is your best defense.

District Court Arraignment
Pretrial Conferences & Proceedings
Trial

Your case may not have to go to trial, but if it does, it pays to have an experienced trial lawyer at your side. Most important, because Edward Duke focuses his practice on DUI defense, he knows how to assemble a winning defense strategy for each step of the court process.

District Court Arraignment
If you have been arrested for either a misdemeanor or felony, a date will be set for your arraignment, where you are given formal notice of the charges against you. It will be your first appearance in District Court.

At a misdemeanor arraignment, the defendant is afforded the opportunity to enter a plea. Typically, a defendant will plead not guilty or stand mute. If a person stands mute, a not guilty verdict is entered on his or her behalf by the court, in which case the matter will be scheduled for a pretrial conference.

It is important to have an experienced DUI attorney advise you of your rights and how you should plead prior to your appearance at the arraignment. Edward Duke, as an experienced DUI attorney, is a valuable source of information. Discussing your case with him will afford you peace of mind as you begin the process, and his advice will give you the confidence to move forward. It is especially reassuring to know that will not become the victim.

Pretrial Conference & Proceedings
All misdemeanor cases are scheduled for a pretrial conference between an Assistant Prosecuting Attorney and the defendant’s attorney to determine whether the case will go to trial, be resolved with a plea or dismissed. Plea negotiations generally begin at the pretrial conference, and the case may or may not be negotiated at the pretrial phase.

For a felony arraignment, the defendant is informed of the charge and advised of the right to a preliminary examination within 14 days of the arraignment. The defendant does not plead guilty or not guilty. Issues related to bonding are determined by the judge.

A preliminary examination is not a trial. Its purpose is to determine if the prosecutor can prove if there is probable cause that a crime was committed and whether there is probable cause that the person accused is the one who committed the crime. Guilt does not have to be proved beyond a reasonable doubt at this point; however, witnesses are called to establish probable cause. If the judge determines that the prosecutor has met the probable cause standards, then the case is “bound over” to Circuit Court. If the Judge decides that there is not probable cause, the he or she can bind the case over on different charges, reduce the charges to misdemeanors for trial in District Court, or dismiss charges. A defendant can waive his or her right to a preliminary examination. Most felonies arrive in Circuit Court after such a waiver.

After the felony case is sent to Circuit Court, the defendant is again arraigned. He or she enters a plea to the charge (guilty, not guilty or stand mute). A series of pretrial conferences and proceedings are scheduled between an Assistant Prosecuting Attorney and the defendant's attorney. Circuit Court pretrial proceedings identify issues that must be settled prior to trial, such as motions to quash, evidentiary hearing requirements and possible pleas or sentencing agreements.

Having an experienced attorney represent you at the pretrial conference and through all pretrial proceedings is essential to a successful DUI defense. Edward Duke provides each client with aggressive and effective representation, and his more than 30 years of experience means providing you with the best defense possible.

Trial (Jury or Bench/Judge)
A trial is a proceeding in which the Prosecutor must present evidence to prove the defendant’s guilt beyond a reasonable doubt. The defendant is not required to prove his or her innocence or to present any evidence but may challenge the accuracy of the Prosecutor's evidence. Both the defendant and the Prosecutor (representing the People of the State of Michigan) have the right to a trial by a jury. Sometimes, both sides agree to let a Judge listen to the evidence and decide the case without a jury; this is called a bench trial. After the evidence is presented, the judge or a jury will determine whether the evidence proved that the defendant committed the crime. A criminal case jury verdict must be unanimous.

Having an experienced criminal defense attorney represent you throughout the pretrial phase of your court process is crucial; however, when you face trial, knowing you have a DUI attorney with over 30 years of courtroom experience gives you the ability to face this difficult situation with confidence. Remember, your arrest need not result in a conviction.