In The Rochester Area, What Does The Grand Jury Do In A Felony DWI Case?

A person arrested for a felony drinking and driving charge needs an experienced Rochester DWI lawyer who can explain the entire legal process for a felony case.

Repeat DWI offenders may face felony charges of Driving While Intoxicated, Driving With a Blood Alcohol Content of .08% or Greater, or Aggravated Driving While Intoxicated per se (for having a blood alcohol content of .18% or greater).

A first time offender with a child fifteen years old or younger in the vehicle may also face felony charges.

All felony charges are screened by a grand jury.

Unlike a trial jury, a grand jury does not hear arguments from both the prosecution and the defense.

The defendant does not even have a right to present evidence to the grand jury.

Instead, in almost all cases the prosecution is the only party presenting evidence.

In DWI cases, this means the grand jury will usually hear evidence from the arresting officer and the results of any breath or blood test.

The defendant is not allowed to give his or her version of events to the grand jury or in any way refute the evidence presented.

While this may seem unfair, the purpose of this arrangement is to make sure the prosecution actually has sufficient evidence – if all of it is accepted as accurate – to support a felony charge.

If the grand jury finds that there is sufficient evidence to support any charges, it will issue an indictment, which is a document outlining the supported charges.

Even if the grand jury finds that a felony is not supported, it may still charge the defendant with any misdemeanors or other lesser offenses supported by the prosecution’s evidence.

Once an indictment is issued, the grand jury has completed its job and the matter will proceed in a trial court based on the charges in the indictment.

We are experienced at representing drivers arrested for both misdemeanor and felony DWI offenses.

If you need legal help, call us at 585-484-7432.

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