Benefit of a Dedham OUI Lawyer
Following an OUI arrest, it is critical for individuals to get in touch with an experienced OUI attorney. The benefit of a Dedham OUI lawyer is that they may be familiar with the local court system, and can use that familiarity when negotiating on a person’s behalf. Furthermore, the attorney can examine the facts of someone’s case, and determine which defense strategies work best for them. Those facing OUI charges should consult a qualified lawyer and know that they are in capable hands.Process of an OUI Trial
All DUI cases start with an arraignment in the first session of the Dedham District Court. When the person appears at the Dedham District Court, they will check into probation. They will wait around for a while until the paperwork is processed. Eventually, they will be arraigned. At the arraignment, the clerk will read the charges.
The judge will ask the person what they are going to do about an attorney and give them another date to come back for a further pretrial. The arraignment date on a first offense is pretty routine. Basically, they read the charges, notify the defendant of the charges, ask the defendant if they are going to hire an attorney and give them another date to come back. Also, they will give the defendant the police report. Once a case is out for pre-trial, the judge is pretty good with moving the case as quickly through the court process as possible.Police Reports
The police report is the most important document to start the case because it gives an attorney an idea of the strength of the case. One does not get the police report prior to an arraignment, so they cannot call the police department and request a police report after their arrest; they get that report at the arraignment, and that allows the defendant and their lawyer to assess the strengths and the weaknesses of the case.How a Lawyer Can Help Preserve Evidence
One benefit of a Dedham OUI lawyer is that they could work to preserve the evidence in a person’s case. Sometimes, evidence from is not kept and can even be erased. For example, video evidence can be crucial in cases and yet, there are police booking videos that are not always kept. An attorney should make sure any evidence is kept when the case starts because these cases come down to the fine details.Importance of an Attorney’s Understanding
It is important for attorneys to visit the scene of the incident, and to talk with the individual, in order to understand the details of what happened. Afterwards, the lawyer will most likely be ready to try the case. Too often, people are urged to resolve cases quickly when the cases are very winnable. It is important to work with someone that is going to go over the report and who understands the strengths and weaknesses of the case and is able to present the case in the best way to a jury. The benefit of a Dedham OUI lawyer is that they could devote the time and resources necessary to build a solid defense for an individual.
The discovery process in Dedham OUI cases is mandated by statute. The Commonwealth or the District Attorney’s Office is required to provide any information, exculpatory or inculpatory, to the defendant.
This means any 911 tapes, any statements by witnesses, any reports made by police officers, or booking videos. They are required to provide that to credible defense counsel. Anything that they intend to use at trial must be provided.Initiating the Discovery Process
Attorneys often begin the discovery process in Dedham OUI cases, as soon as they enter into the case. Typically, the Commonwealth will request a pretrial date and on that date they provide whatever discovery they have.
Sometimes the District Attorney’s office will request a discovery in compliance date, which is a date that comes after the pretrial. If they have been unable to gather all of the evidence, they ask for this additional date to get all that together to provide to defense counsel.Requirements to Filing Discovery
The discovery must be provided by the Commonwealth. However, the defense attorney can seek out discovery in any way that it finds appropriate. A person can request additional reports from a police department if they have reason to believe they exist.
A defense attorney can file a rule 17 motion if there are documents such as cell phone records or medical records of someone involved that are not easily procured without an order from the court. Defense attorneys can do that as well.
As long as the order is allowed by the judge, they can subpoena either medical records from another party that was involved or surveillance video. That can all be done through a motion to the court. As part of the discovery process in Dedham OUI cases, a defense attorney can request witness information, medical records from the accused.How Law Enforcement Handles the Discovery Process
Typically, Dedham law enforcement will provide the discovery to the District Attorney’s office rather than providing it directly to defense counsel. Some evidence that discoverable materials might include are:
- Police reports
- Witness Statements
- 911 calls
- Booking videos
- Distant medical records
- Surveillance videos
Most of the time, the original report will be provided to the court and to the District Attorney’s Office and then upon request, they will provide additional discovery, such as the booking video or the 911 call. At that point, the District Attorney will provide it to the defense counsel.