What takes place at a DUI pretrial hearing in Washington State
A DUI pretrial hearing is the hearing after your arraignment and before your jury trial. This is the hearing where the majority of the behind the scene type work gets done. At the DUI pretrial hearing there are essentially four different things that can happen.
Continue the pretrial hearing date to another pretrial hearing. This option usually occurs when the DUI Attorney needs additional time for investigation or needs more time to negotiate with the Prosecution. In order to accommodate this request a speedy trial waiver needs to be executed by the Defendant. This is a document where the Defendant waives their right to have a speedy trial (90 days if out of custody, 60 days if in custody) and agrees to start the trial period over again. Usually in a DUI case there may be several pretrial hearings just because it takes some time to do a proper and thorough investigation and have meaningful discussions with the Prosecution regarding negotiation.
Accept a plea deal. If the Defendant chooses to plead guilty as charged or if they agree to a reduction in charges in exchange for a plea this is the hearing where it will be done. Some courts depending on how busy they are will often just taken the guilty plea portion and not impose a sentence. The Judge will then ask the Defendant to come back to court for a sentencing hearing where a sentence will be imposed.
Set the case for trial. If a resolution cannot be reached by the Prosecution and the Defense then the case can be set for trial by the DUI Lawyer. If this occurs then there will be several more court dates including a motion hearing, a readiness hearing, and the possible jury trial date. Depending on far in advance the DUI case gets set a speedy trial waiver may be executed by the Defendant to accommodate that date.
Enter a deferred prosecution. In a very simple brief description this option occurs when a defendant agrees to do a 2 year treatment program, abstain from alcohol, and agree to be monitored by probation for 5 years. Before contemplating this option it's important to speak with an experienced DUI Lawyer to determine whether this option is appropriate. In addition to these requirements the defendant will be required to come to several more court dates to follow up with the Judge to show they are doing everything they agreed to.
Continue the pretrial hearing date to another pretrial hearing. This option usually occurs when the DUI Attorney needs additional time for investigation or needs more time to negotiate with the Prosecution. In order to accommodate this request a speedy trial waiver needs to be executed by the Defendant. This is a document where the Defendant waives their right to have a speedy trial (90 days if out of custody, 60 days if in custody) and agrees to start the trial period over again. Usually in a DUI case there may be several pretrial hearings just because it takes some time to do a proper and thorough investigation and have meaningful discussions with the Prosecution regarding negotiation.
Accept a plea deal. If the Defendant chooses to plead guilty as charged or if they agree to a reduction in charges in exchange for a plea this is the hearing where it will be done. Some courts depending on how busy they are will often just taken the guilty plea portion and not impose a sentence. The Judge will then ask the Defendant to come back to court for a sentencing hearing where a sentence will be imposed.
Set the case for trial. If a resolution cannot be reached by the Prosecution and the Defense then the case can be set for trial by the DUI Lawyer. If this occurs then there will be several more court dates including a motion hearing, a readiness hearing, and the possible jury trial date. Depending on far in advance the DUI case gets set a speedy trial waiver may be executed by the Defendant to accommodate that date.
Enter a deferred prosecution. In a very simple brief description this option occurs when a defendant agrees to do a 2 year treatment program, abstain from alcohol, and agree to be monitored by probation for 5 years. Before contemplating this option it's important to speak with an experienced DUI Lawyer to determine whether this option is appropriate. In addition to these requirements the defendant will be required to come to several more court dates to follow up with the Judge to show they are doing everything they agreed to.
Source...