Wednesday, August 24, 2011

Arrested for a MN DWI - What's Next? (Explained)

If you've been arrested for a Minnesota DWI, you might not know that in addition to the criminal charges you could be facing, the state will also be taking you to task in civil court.

One of the most difficult aspects of a Minnesota DWI is not the penalty you'll receive (or the consequences) but rather just the convoluted process that you'll have to navigate just to get through the whole process. This is just one reason you should have a Minnesota DWI Attorney on your side.

Criminal Procedure

Arraignment: This is the first hearing inthe process and usually occurs about 30 to 60 days after your arrest. Essentially why this hearing is held is that the Court wants to know that you are aware of the charges against you - and the your rights as it regards those charges.  If you have an attorney, you may not have to appear.If because he will be able advise you of as much outside of court.

Pre-Trial Conference: Prior to the date of this next hearing, your attorney will have an oppertunity to discuss your case with the Prosecutor and negotiate the best possible plea bargain. Ususally this hearing happens about 45 days after your arraignment.

Suppression Hearing and/or Contested Omnibus Hearing: After a careful reading of the police reports, your attorney may note "problems" with the procedure law enforcement followed and/or instatnces where your constitutional rights were violated. If this is the case, he may seek to have some or all of the government's evidence against you be suppressed . This hearing usually occurs anywhere from 45 to 90 days after the Pre-Trial Conference.

Trial: The most important right you have is your right to a trial to a jury or judge.

Sentencing: This hearing occurs after trail and/or after a plea bargin is entered into. Sentences may include jail time, house arrest, community work service, alcohol classes and fines.

Civil Procedure

Implied Consent Hearing: To preserve your right to drive in the State of Minnesota after a Drunk Driving arrest, you must request a hearing after your license has been taken from you (within the time set by the Minnesota Department of Public Safety in a revocation letter) or you lose your right to contest this action. In my opinion, these hearings are crucial to an effective and agressive DWI representation.  This is your best chance to get an officer to testify on the record and to begin to develop a defense that could help you win the results that you desire. 

What Should You Do?

Arrested for DWI in Minnesota? Call the Rolloff Law Office for a free, no obligation, consultation at (612) 234-1165.

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