The Montgomery County Court of Common Pleas is where the most serious DUI and other criminal cases are handled. If your case ends up here, it is especially critical for you to consult with a criminal defense attorney as soon as possible.
Our Montgomery County DUI lawyer can prepare your case beforehand and then present that case in front of a judge and/or jury.
When Do DUI Cases End Up in the Court of Common Pleas?
As the Unified Judicial System of Pennsylvania explains, the Montgomery County Court of Common Pleas is where “major civil and criminal cases” are decided. For example, if your DUI charge is accompanied by a homicide by vehicle or similarly serious charge, you might end up here after your DUI arrest.
As intimidating as it is to face such a severe charge and to appear in court, remember that you do not have to go to court by yourself. You have the right to hire an attorney immediately after your arrest.
We encourage you to call our office before signing any documents or answering any of the police’s questions. Our criminal defense attorney can speak for you both in the courtroom and elsewhere.
What if Your Case Is Not Serious Enough for the Court of Common Pleas?
In Pennsylvania, the judicial system is broken up into four “levels.” The Court of Common Pleas is the second level. If your case does not end up here, then it will remain in the lowest level, Magisterial District Court. The Montgomery County Magisterial District Court oversees most DUI and other traffic offense cases.
Even if your case does fall under the Court of Common Pleas’ jurisdiction, you will still start out in Magisterial District Court, as this is where preliminary arraignments and preliminary hearings are held. During these hearings, you will learn more about the charges and decide how you want to respond.
Once the charges against you are finalized, the judge will decide whether or not to move your case to the Court of Common Pleas.
You will be informed of which court you must appear in at each stage of your case. If you are ever confused about where to appear or how to get there, you can hire our DUI defense lawyer to provide you with individualized guidance.
Do You Have to Appear in Court After a DUI Arrest?
Yes. You may be able to attend some meetings via a conference call, while others will require you to appear in person. Either way, attendance is mandatory.
If you fail to appear in court without prior notice and good reason, your case will only get more complex and stressful for you. The judge may issue a bench warrant, meaning that the police would be authorized to arrest you on sight.
Missing a court date makes you look irresponsible or like you are trying to escape justice. Even if you are innocent of the charges, it is important to let your case go through the entire legal process rather than ignoring a judicial order.
It is normal to feel nervous about appearing in court for any reason. Do not let this stop you from fulfilling your legal obligations. Our DUI defense attorney can walk you through the process and prepare you for each appearance.
The Trial Process in the Court of Common Pleas
If the judge decides there is sufficient evidence to proceed with the DUI case, and if you decide to plead “not guilty” instead of “guilty” or “no contest,” there is much work to do before your scheduled court dates. Your lawyer can prepare you by:
- Helping you decide whether or not you want to testify in court
- Preparing you to answer all questions from both your lawyer and the prosecution, if you agree to testify
- Ensuring you know when your court dates are and where you must appear
- Determining what defense strategy to use and how best to present that strategy to the judge and jury
On the day of the trial, your legal representative will do the talking, except for if and when you are called to the stand to provide testimony. Our law firm can argue on your behalf that, for example, the police arrested you without cause, that there are mitigating circumstances, or that procedural errors have compromised the prosecution’s case.
How Do DUI Trials End?
Your DUI trial will end in one of two ways. The first way is if the prosecution agrees to drop the charges partway through. This may occur if new information comes to light that undermines a key part of their case.
The second way is when the jury reaches a verdict. There are several possible outcomes:
- The jury decides you are not guilty and acquits you.
- The jury decides you are guilty, allowing the judge to proceed with sentencing.
- The jury cannot reach a decision, prompting the judge to declare a mistrial and start your case over again.
If you face multiple charges, then the jury will need to render a verdict for each individual charge. They may decide you are not guilty on all counts, guilty on all counts, or not guilty on some counts and guilty on others.
Your case’s resolution depends on how strong your arguments are versus the prosecution’s. Give yourself a fair chance in the Court of Common Pleas by retaining a DUI attorney who knows how to build and present cases like yours.
Consult With Our DUI Attorney in Montgomery County Today
McKenzie Law Firm, P.C., can start representing you from the moment after your DUI arrest until your trial at the Montgomery County Court of Common Pleas is over. Call us today for a free consultation to learn more about your rights and how we can protect your future.
