Chantilly DUI Motion Hearing
The trial process can oftentimes be very complicated. Between the various hearings, the assignment of charges, and the legal terms used, an individual can easily become overwhelmed. When approaching a motion hearing for a DUI case in Chantilly, it is critical that you have the experience of a seasoned Chantilly DUI attorney by your side to ensure that your case is handled with the appropriate amount of strength and attention. If you have found yourself in such a situation, it is pertinent to contact a lawyer immediately.
A motion hearing for a Chantilly DUI is a hearing in front of a judge, usually on a different day than the trial date. It is generally held in the morning before court begins, in order to determine how to best proceed with the case. Once a motion is filed, the clerk will put it on the docket for a motion hearing.
If an individual needs a continuance, the individual will want the judge to decide on their case prior to trial. An individual needs to put on a motion in front of the judge. The judge will then listen to the argument from the attorney, and decide whether or not to either grant or reject the proposed motion for an individual’s specific Chantilly DUI case.
Types of Motions
In a Chantilly DUI, a motion to suppress is the motion to ask the court to keep out some evidence because it is in violation of a person’s constitutional rights. Additional motions that can be filed for a Chantilly DUI case, besides a motion to suppress, would be a motion to exclude certain types of evidence as irrelevant. For example, this includes evidence that could be considered more prejudicial than probative. Another motion that can be filed in court is a motion to question the witnesses, where the witnesses must wait outside of the courtroom while the other witnesses are testifying. This is to ensure that these witnesses are not influenced by the other witnesses testimony.
Further, an individual can raise motions to strike the evidence of the prosecutor, to strike the evidence of certain witnesses that are inherently not credible, and to direct certain witnesses to come to court. Essentially, an individual can make a motion to do anything.
Proceeding to Trial
Any case, where there is enough evidence to potentially convict somebody, will go to trial. Unless there is a situation where there is insufficient evidence, or the prosecutor is convinced to enter into a plea bargain with the defendant, the case will proceed to trial. If a case proceeds to trial, it is because there was no plea agreement that the defendant wanted to make, or because the prosecutor did not wish to make a plea agreement.
An individual’s case can potentially be resolved the day of trial. In Fairfax County, a case will not be resolved before the day of trial, and usually, the case will not be resolved for a few months after the initial court date.