March 1, 2012 | Uncategorized
Charged with a felony DUI or OVI in the Akron area? You need an experienced lawyer that can explain the process and advocate for you each step of the way.
We will file a request for the evidence the prosecutor intends to use against you at trial. We will also file a request for the preservation of evidence. Once the prosecutor produces the evidence we will evaluate the case and meet with you again to discuss the strengths of your case.
Part of our evaluation of the evidence is to determine if any evidence was obtained in violation of the law or your rights. If so, we can file a motion to prevent the evidence from being used against you at trial.
We will begin negotiation with the prosecutor at the Disposition Scheduling Conference (DSC) and it will continue until the case resolves by plea or trial. The DSC will be scheduled within a week or two after the arraignment.
The DUI and OVI attorneys at Suhre & Associates, LLC will meet with the prosecutor and judge to talk about your case for the first time at the DSC. The judge can review the bond at the DSC. Bond can go up, down, or remain the same. We might be provided with some or all of the evidence.
Your felony DUI or OVI case in the Akron area will be set for a plea or trial setting following the DSC. This is an opportunity to make sure that we have all the evidence we need to evaluate and fight you case. We will continue to negotiate for dismissal or amendment of some or all of the charges to lesser offenses in an attempt to minimize your exposure to prison and felony convictions. Expect several plea or trial setting dates. The pretrial phase of the case can take from 30 days to a few months.
We will file and have a hearing on the motion to exclude evidence. This is based on our allegations that the state’s evidence was collected improperly. Remember, it does not matter what you did in a criminal case, only what the prosecutor can prove at trial.
A trial is next if we cannot obtain a plea agreement that you are happy with. A trial is to the judge or a jury. The state has the burden of proving all the elements of each offense beyond a reasonable doubt. The length of the trial depends on the number of witnesses that are expected to be called.
If you are found guilty by entering a plea or after a trial, the judge must order a presentence investigation (PSI). The judge has to order a PSI before sentencing you to probation in lieu of prison. You will meet with the probation department for an interview and they will make a recommendation on sentencing, and eligibility for treatment or probation in lieu of prison time.
Expungement is not available for a OVI or DUI conviction. It is very important that you hire a law firm with experience in applying the best DUI and OVI defenses to your case.
And remember, if you or a family member has been arrested for DUI in the Akron Area – including: Stark, Portage or Summit Counties – call our office at 330-564-1126. We are available 24-hours a day, 7 days a week. Because now is the perfect time to put a team that includes a FORMER POLICE OFFICER and THREE FORMER PROSECUTORS to work… for you!