What happens after a DUI arrest in Pennsylvania?
- Preliminary Hearing:
This is abolutely the most crucial hearing in your case. The
preliminary hearing is not a trial. The principal function of a
preliminary hearing is to protect an individual's right against an
unlawful arrest and detention.
At this hearing the Commonwealth bears the burden of establishing at
least a prima facia case that a crime was commited and you are
probably the one who committed it. It is not necessary for the
Commonwealth to establish at this stage that your are guilty beyond a
reasonable doubt. To meet its burden at this preliminary hearing, the
Commonwealth is required to present evidence regarding each of the
material elements of the charge and to establish enough probable cause
to show that you commited the offense.
- Arraignment:
This is the date set after your preliminary hearing, about 30 to 60 days after
your hearing. If you have an
attorney and are not on bond, you do not have to appear. It is
primarily to advise you of your of rights. If you have an attorney, he will
advise you.
- Pre-trial Conference:
Your attorney will discuss your case with the
District Attorney and negotiate the best possible plea bargain. It will
happen about 6 weeks after arraignment. This
is usually after the Motor Vehicle Hearing. The date is set by the
Court and your attorney on his calendar.
- Suppression Hearing:
The Court may suppress some or all of the
evidence against you if your constitutional rights have been violated.
Your attorney will file motions to suppress. It occcurs anywhere 6 weeks to 3 months
after the pre-trial conference.
- Trial:
Almost always a trial to a jury of twelve. Trial must be held
within twelve months after your plea.
- Sentencing:
The Court imposes a sentence after a conviction at
trial or after a plea bargain is accepted and a plea entered. Sentences
may include jail time, in-home detention, public service, alcohol
classes and fines.
Serving the Boroughs and Townships of Bucks County:
Bedminster, Bensalem, Bridgeton, Bristol, Buckingham, Chalfont, Doylestown, Dublin, Durham, East Rockhill,Falls, Haycock,Hilltown, Hulmeville, Ivyland, Langhorne,Langhorne Manor, Lower Makefield, Lower Southampton, Middletown,Milford, Morrisville, New Britain, New Hope, Newtown, Nockamixon, Northampton, Penndel, Perkasie, Plumstead Township Quakertown, Richland, Richlandtown, Riegelsville, Sellersville, Silverdale, Solebury, Springfield,Telford, Tinicum,Trumbauersville, Tullytown, Upper Makefield, Upper Southampton, Warminster, Warrington, Warwick, West Rockhill, Wrightstown, Yardley |
PA DUI -Bucks, Montgomery, Northampton, Lehigh County
Margiotti & Mittman, Attorneys at Law
593 Bethlehem Pike
Montgomeryville, PA 18936-9709, US
E-mail:margiottilaw@verizon.net
For a free, no-obligation PA DUI consultation call, 215-822-1888
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