helps people win back their lives
Birmingham Third Offense DUI Lawyer
Someone arrested for a third offense DUI charge is facing numerous penalties, fines, and a possible jail sentence. Because this is the third offense, the courts are not going to be lenient with the defendant. This is why it is imperative that the accused has an accomplished lawyer by their side through the process.
If you have been charged with drinking and driving for a third time, call a Birmingham third offense DUI lawyer to have someone who can fight for you.Location of Third Offense DUI Charge Cases
In Birmingham, the third offense drunk driving charge begins in the 48th District in Bloomfield Hills. A first or second offense charge is a misdemeanor and a third offense is a felony charge. Felonies have a separate, extra level of protection to ensure that people are not accidentally charged and convicted of a felony. The defendant initially starts at the district court level with a preliminary examination to determine whether a crime was committed by a probable cause standard and the person most likely committed the crime.Circuit Court
When the judge determines that a crime was committed by the person charged, the case is sent to a circuit court. The actual process begins in the 48th District Court with a probable cause conference that is similar to a pretrial. The probable cause conference must be given within seven days of an arraignment. Within 14 days, there must be a preliminary examination. The dates and times can be waived, but the goal is to have the preliminary examination in a timely manner. That way, somebody who is incarcerated can have their case heard quickly.
After the hearing, the person goes to the circuit court in Pontiac, Michigan to be arraigned. Unless a plea is given in the case, the trial will take place at the circuit level.Prosecuting Third Offense DUI Charges
By the time someone has a third offense, it is extremely likely that they have an alcohol problem. While not everybody with a third offense is an alcoholic, the assumption is there. Unless the person is given correction, they will most likely recommit the offense.
When people are charged with a third offense, the court sets strenuous bond conditions including high cash amounts required before being released from jail. The defendant can be required to participate in counseling. Drug and alcohol testing are extremely rigorous because there is a fear that the person might continue the behavior. The prosecutors in Oakland County take a hardline stance against drunk driving and they perceive a third offense drunk driver as a dangerous person. Unless the person is stopped from drunk driving and makes the positive changes, they are going to be too stuck in an endless cycle of recommitting offenses.Contacting a Birmingham Third Offense DUI Lawyer
When a person faces a DUI charge in Birmingham, it is vital their attorney has an excellent reputation and is familiar with the courts, judges, and personalities involved. With a third offense DUI, the defendant and their lawyer must deal with prosecutors, magistrates, and judges in the circuit court and district court settings. Birmingham Third Offense DUI Lawyer knows how the courts work and can facilitate the case as it moves through the legal system.
It is important the DUI attorney provides the defendant with information about how the criminal justice systems works so they can understand the process and make informed decisions about the case. Having an experienced and well-respected DUI lawyer puts the person in a good position to obtain a favorable outcome and minimize the impact at the back-end of any deal or conviction. Call today to get a consultation relating to your case.