In your typical DUI cases there are four different stages of court hearings. There is the arraignment. Which is your first court date. There is the pretrial hearing. Which is the second court date. Then there is the jury trial. Which usually is the last or next to last. Then there is the sentencing hearing. This will usually occur after a person is convicted following a trial, or if they choose to plead guilty.

The purpose of this article is to discuss what takes place at the DUI sentencing hearing. Typically there are three things that will happen. The sentencing hearing can be done, it can be continue to another date, or it can be stayed pending an appeal.

So what happens if the sentencing goes forward. This is where your Seattle DUI Attorney will argue to the Judge to impose a certain sentence. Whether it is for a minimum amount of jail, or whether it is for the sentence to be deferred it varies. But if the sentencing hearing goes forward, then the Judge will listen to the arguments of both the Prosecution and the Seattle DUI Attorney and determine what sentence to impose. Depending on the type of charge the accused may be booked into custody or remanded immediately following the sentence.

The second option at the sentencing hearing is to ask for a continuance of the hearing. This is typically done if an alcohol or drug assessment has not been completed, of if the Seattle DUI Lawyer wants to provide letters of recommendation or have someone present who is unavailable speak on behalf of the accused. Depending on the Judge and Court his request may be granted or it may not. If its not granted than the Judge can require the sentencing hearing to move forward.

The third option is to ask the Court to stay sentencing pending appeal. This means the accused intends to appeal the verdict of either the jury or court following trial. If the court grants this request than the sentence will not be imposed until there is an outcome of the appeal. If this option is granted then the Court may issue an appeal bond, meaning the accused will have to pay a bond in order to remain free out of custody.

Due to the nature of the sentencing hearing and what potentially can happen. Its important to have a Seattle DUI Lawyer present to argue on the defendants behalf. Sometimes I see people try to go at it alone and it never ends up in their benefit.