Should You set a DWI Case for Trial Even if you Gave a Blood or Breath Test is Over the Legal Limit?

Answer: Yes, Because You Never Know what may happen and ther is little to no risk to setting a case form trial.

A criminal case, like a Plano, Texas DWI case, has two phases: 1) The Pre-trial phase and 2) the trial phase.

The Pre-Trial Phase:

The pre-trial phase is the portion of a criminal case that occurs after you are released from jail and before you decide to set your case for trial. During this time, your attorney will receive all the evidence from the stat, obtain a pre-trial plea bargain offer and have a case review with you, the client.

At the pre-trial phase, the state has all the power. They do not have to produce any evidence, subpoena any witnesses or secure a jury. In addition, you do not get to present any evidence or make a case for being found not guilty. You either accept the state’s allegations against you and plea guilty or set your case for trial. Typically, a probation offer is made at the pre-trial phase in exchange for a plea of guilty.

The Trial Phase:

The trial phase begins after you review the evidence you me (your attorney), reject the pre-trial plea offer given by the state and decide to set your case for trial. Here the power shifts for the state to you, the accused. The state has to then give you a trial date (typically on the same day as 10 to 15 other trials), subpoena witnesses, procure evidence in admissible form, review videos, speak to the arresting officer, impanel a jury AND attempt to prove you guilty beyond a reasonable doubt. At this phase, you then get to present your evidence, questions the state’s witnesses and evidence and present reasonable doubt to a jury.

Bottom Line on Setting a DWI for Trial:

With few exceptions, f you set your DWI for trial in Plano or any other town in Collin County, Texas the following will happen:

  • You will get found Not Guilty or your case will be dismissed;
  • The state will offer you a significantly better plea deal than they offered in the pre-trial phase; or
  • You may be found guilty but the majority of Collin County Judges will give you less punishment after trial than was offer to you during the pre-trial phase.

So, as you can see there is usually no down side to setting your case for trial in Plano, Texas or Collin County, Texas.

For more information about setting your case for trial in Collin, County click the link below:

Should I set my DWI case for trial

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