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If the defendant and the prosecution cannot reach an agreement, then the case moves to a trial. Due to the ramifications of a driving while intoxicated charge, many people may not want to plead guilty. A first offense DWI carries a penalty of up to 180 days in jail and up to a $2,000 fine. It can also result in the person getting their license suspended. This is why an individual may rather take the case to trial than plead guilty. If you are facing a DWI charge, it is essential you hire a well-established lawyer who has experience with Midland DWI trials.
Court Setting for a DWI
In Midland, the courts are all general jurisdiction. A DWI in Texas is a misdemeanor, which means the trial takes place in county court. District court is where the felonies cases are heard. If someone is in a district court for a DWI, it means they have been charged with their third DWI or they had two prior convictions. There are other aggravating factors that can elevate a DWI from a misdemeanor to a felony, such as driving intoxicated with a child under the age of 15 in the vehicle and if someone has been hurt or killed in an accident.
Resolving Cases Before Trial
There are many different ways to resolve a case before a DWI trial in Midland. This includes the defendant pleading guilty, entering a plea bargain, or being put on deferred for another defense like reckless driving or obstruction of the roadway. If the defendant and their lawyer are able to complete a pretrial diversion and the case is dismissed, then there will not be a conviction of the person’s record. The defendant could also get the charges expunged. However, if they are unable to resolve the case, they must go to trial.
Day of the Trial
On the day of the trial, the defense shows up and fights hard against the charges. The defendant’s lawyer will start the defense with the jury selection. The state will then put on their case and give an opening argument. The defense is then able to respond to the opening statement with one of their own. If the prosecutors put on other witnesses, the defense will cross-examine those witnesses. The state is also allowed to cross-examine any witnesses that the defense decides to call on. Both sides will then give a closing argument summing up what they think of the case. After the closing statements, the jury goes off to deliberate and make a decision.
Prepare for Trial by Hiring a DWI Attorney
The best way to prepare for Midland DWI trials is going to be to hire a seasoned defense attorney. A lawyer can ask the defendant their side of the story and then gather evidence of the case. Also, if the defense is going to testify, then they are going to need to be ready to answer the questions that the prosecutors are going to ask them at trial. The lawyer is going to be able to prep the defendant for trial, while also bringing years of defense experience.
If you are facing DWI charges, it is crucial that you obtain legal counsel so that you can have someone fighting by your side to protect your rights when you go to trial.