Dallas DWI Court Process: What You Need to Know
If you or someone you love has been charged with drunk driving we know you probably have a number of questions. Most people have never been through the criminal process and therefore do not know what to expect at their court appearances. Each county has different policies and procedures. The professional DWI attorneys at The Law Office of Troy P. Burleson, P.C. practice in the Dallas County Courts on a daily basis. Therefore, we have the knowledge to explain what you should expect at each of your court settings and guide you effectively through the Dallas DWI process. Below is a summary of the Dallas DWI court process. For a review of what to expect from the Dallas County DWI Process, read the information below from our website www.dwidallaslawyer.com.
The Criminal Prosecution of DWI
In
Do not expect to resolve your DWI case at your first court appearance. Several court appearances usually occur before your case is disposed.
First Appearance
The first time you will be required to go to court is know as a "First Appearance" setting. In
Announcement Setting (Usually there are two in
The settings immediately following your first appearance are know as "announcement" settings. The first announcement setting is typically 20 to 30 days after your first appearance. The second announcement setting is typically 20 to 30 days after the first announcement setting. The purpose of the announcement setting is just like it sounds, to announce to the court whether you are ready to enter a plea in your DWI case or your are ready to set your case for trial.
Just like your first appearance, you will typically do no more that sit in the gallery of the court during the announcement settings. The
In addition to discovery materials, announcement settings also allow your DWI defense attorney to review all of the documents in the court's file to evaluate them for any procedural or evidentiary defects that may warrant a dismissal of your driving while intoxicated criminal case. After your two announcement settings, and once you have had an adequate opportunity to review all the evidence in your DWI case, the
Plea Bargain: A Plea of Guilty
If you decide not to fight your case you will enter a plea bargain agreement with the prosecution. However, before you enter a plea of guilty your attorney should carefully review your case to ensure there are no legal defects or factual problems with the prosecution's case that may warrant a dismissal of the charges. After your attorney has completed this process, he or she should explain the pros and cons of entering a plea of guilty and setting your case for trial. Remember, an attorney cannot tell you to plea guilty or set your case for trial. Doing so is against the professional rules of ethics. A good attorney must carefully explain your options clearly so that you can make the best informed decision possible.
If you do decide to enter a plea of guilty, then you will most likely be assessed a fine, jail term, and possible probation. If you are offered probation then the typical terms and conditions of probation usually include: 1) testing for possible alcohol or drug problems, 2) completion of a 12 hour DWI Education program, 3) mandatory attendance at a 3 hour session of a Victim Impact Panel conducted by Mothers Against Drunk Driving, and 4) Community Service of between 24 to 100 hours.
Once the judge finds you guilty, a record of your conviction will be made and forwarded to the DPS. A record of your conviction will be maintained by DPS and will also be forwarded to the Federal Bureau of Investigations so that you can be monitored locally and nationally. A DWI conviction will remain on your record permanently. A conviction for DWI cannot be expunged or Non-Disclosed unless you are pardoned by the Governor or President.
Trial
ONLY THE PERSON ACCUSSED can decide whether or not the case goes to trial. If you plan on taking your case to trial you should be sure that the attorney you hire has ACTUAL TRIAL EXPERIENCE in DWI cases. Not all attorneys, even criminal attorneys, have extensive trial experience. Trial skills are hard to learn and nothing beats experience when your future and freedom is at stake.
A good attorney should give you a personal evaluation of your case's strengths and weaknesses. The attorney should explain the legal reasons (if any) and the factual reason why a judge or jury may find you not guilty. MOST IMPORTANTLY, an attorney should never give you a guarantee concerning the outcome of your case. Trials can be won or lost for a multitude of reasons, most of which may not be foreseeable. An attorney's job is to gather all relevant evidence, properly evaluate your case, then to give you his or her professional opinion concerning the possible outcome. Once your attorney gives you this information, then ONLY YOU can decide to proceed with trial or not.
It is important to note that in most DWI cases the punishment is not increased if you elect to go to trial. In fact, judges and/or juries typically give less punishment if you are found guilty than what the prosecution offers for a plea bargain. The reason for this is because with a trial both the judge and the jury will be fully aware of the facts and circumstances surrounding your accusation. In a plea bargain agreement, the facts are not disclosed except under limited circumstances.
Expunction of your Record--Clearing your name
If you plea guilty then you will have a DWI conviction on your record for the rest of your life. There is NO 5, 7, or 20 year rule that would allow someone to remove a DWI conviction off his or her record. However, if your case is dismissed by the State or if you are found NOT GUILTY then you have a right to have the DWI arrest erased from your record. The process for clearing your record includes filing a Expunction motion with the District Court, obtaining an expunction order from the court, and then sending the expunction order to local and federal law enforcement agencies to permanently erase all record of the DWI arrest from your record.
