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DWI Trials

DWI Trials

What Happens at A DWI Trial

DWI Trial Lawyer

DWI Trial Lawyer

New York City courts conduct thousands of trials a year. Each prosecutor’s office has a different approach to how cases are handled. The first thing required of your defense attorney is to speak to the prosecutor and see if the issues can be resolved without a trial. Many DWI cases can be disposed of without a trial. This usually involves the accused taking a plea to a lesser charge which can often be beneficial to the accused and avoid jail time.

In cases where a plea deal cannot be worked out with the prosecuting attorney, some cases will require a trial. Under New York law there are three different types of trials. The bench trial, the misdemeanor trial and a felony trial.

The bench trial is a trial where the judge is both the jury and the judge. The judge will determine guilt or innocence and will also do the sentencing.

A misdemeanor trial consists of a jury of only 6 people. The majority of DWI trials are handled this way. Both the prosecutor and the defense lawyer must agree on a jury and the jury alone will decide on guilt or innocence. These types of trials usually take 3-4 days but in certain circumstances they can take longer.

A felony trial involves 12 jurors and is only done in felony cases. These trials can last weeks or even months depending on the complexity of the case.

At the Law Offices of Michael S. Discioarro, LLC we have handled all types of DWI trials and are ready to present your case to a jury or judge if needed.

In preparing for a trial all of the defense issues must be looked at. This includes but is not limited to: police procedure, BAC testing, and employing an expert witness. The accused must fully participate every step of the way with the attorney. The attorney and the accused must work as a team.

On the day of trial, the accused must help the attorney pick a jury and come to court dressed in a professional manner. Another big issued is whether the accused will testify on his own behalf. This may benefit the accused as the jury gets to hear his side of the story.

We will review all of the evidence, cross-examine all witnesses and argue forcefully for your defense. No two trials are alike. For an in depth review of your case, contact The Law Offices of Michael S. Discioarro, Esq. at 917-519-8417, and we will work with you to protect your rights in the event of a trial.