The DUI Legal Process
The steps outlined below are meant to be educational and do not constitute legal advice.
Is this the first time that you have been involved with the criminal justice system?
ARD - Short for accelerated rehabilitative disposition, ARD is a non-criminal, alternative resolution for the disposition of driving under the influence charges. ARD is offered at the discretion of the District Attorney to non-violent, first-time offenders. While on ARD, you serve a short term of probation, pay fines and restitution to victims, receive drug and alcohol treatment, attend DUI education classes, and perform community service. If you successfully comply with these conditions, the DUI charges are dismissed and potentially expunged from your record.
Most people that are arrested for DUI are eligible for ARD, but the District Attorney rejects many applications because of simple, procedural errors which could have been avoided. Others fail to complete the program by missing classes or failing to pay fines and costs. Mr. Bonn has the experience to evaluate whether your case qualifies for ARD, walk you through the application process, and counsel you on successful completion. Contact Joshua Bonn to schedule a free consultation on ARD today.
Have you been convicted of DUI or another criminal offense in the past, but just want to accept responsibility so that you can move on with your life?
Guilty Pleas - The court system and prosecutors handle DUIs in a systematic fashion because Pennsylvania has mandatory minimum sentencing provisions for DUI offenses. Assistant district attorneys quickly evaluate DUI cases by focusing on two factors: blood alcohol level and past DUI convictions. In addition to these factors, prosecutors look for aggravating circumstances including injuries to victims, presence of minors in your vehicle, or belligerent behavior. While the prosecutor is looking to aggravate your sentence, Mr. Bonn will work to reduce your sentence by uncovering mitigating circumstances.
As a former prosecutor, Mr. Bonn knows how to make your case stand out from the rest and negotiate the best plea available. He understands that many respectable, up-standing members of the community make the mistake of driving after having one drink too many. Judges do not want to put productive citizens in prison for long periods of time. A particular Judge may be open to alternatives to incarceration such as house arrest. If you are facing a longer sentence, a judge may be convinced that your time is better spent in a county prison on work release as opposed to a state prison.
Joshua Bonn will discuss ways to prove your remorse, good character, work history, and positive contributions to your family and the community. Whether you care for a sick parent, coach your child's little league team, or work three jobs to keep food on the table, he will work to present you to the court in your best light. Contact Mr. Bonn to schedule a free consultation on entering a guilty plea today.
Do you feel that the system has violated your Constitutional rights or are you facing a substantial prison sentence because of prior DUI convictions?
Trial / Appeal - Careful preparation and aggressive court room representation are the key to a successful defense of your DUI charge. It is important that you consult with an experienced attorney early on in the process because many cases are won or lost in the pre-trial stages. Mr. Bonn has the experience to represent you through each step of the process outlined below.
Preliminary hearing - At the preliminary hearing, the Commonwealth is responsible to present evidence to a Magisterial District Judge ("MDJ") to prove that it possesses enough evidence to proceed with a trial. In most cases, the police officer will appear and present testimony regarding your arrest. As a defendant, you have a right to cross-examine the police officer's testimony. If the state fails to present enough evidence, the MDJ can dismiss the charges outright. Even if the state possesses sufficient evidence, an experienced attorney can discover issues and lay the foundation for your future defense by creating a record of the police officer's testimony.
Pre-trial motions - By filing pre-trial motions, you can raise evidentiary issues or argue that the Commonwealth violated your constitutional rights. After the preliminary hearing, Mr. Bonn will evaluate the Commonwealth's evidence, including the police officer's testimony, to spot potential legal issues. The motions are decided by a Judge of the Court of Common Pleas prior to trial. If the pre-trial motion is successful, the Commonwealth may reevaluate your case and make a better plea offer, or even dismiss the charges outright.
Trial - At trial, the Commonwealth bears the burden to prove, beyond a reasonable doubt, that you committed the offenses as charged. Mr. Bonn will formulate a defense, argue your case to the judge or jury, cross-examine the Commonwealth's evidence, and present any potential defenses on your behalf.
Sentencing - As discussed in the previous section, Mr. Bonn will work to present your case in the best light to the sentencing judge. While the prosecution may attempt to demonize your actions in hopes of increasing your sentence, he will work to find and present mitigating circumstances.
Appeal - Even if you are convicted of a criminal offense, Mr. Bonn is an experienced appellate attorney. He drafted approximately thirty briefs and appeared before the Superior Court of Pennsylvania. After sentencing, he can review your trial and sentencing transcripts for appealable issues. If such issues exist, he can file and argue appeals on your behalf.
As described above, the trial process is lengthy. A typical criminal case can take anywhere from six months to two years. The repercussions of a criminal conviction can last a lifetime. Joshua Bonn can counsel you through each step of the legal process. Contact him for a free consultation on your DUI charge today.
The above information is meant to be educational and does not constitute legal advice.
Contact Joshua Bonn today for a free consultation concerning your situation.