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Suppression Hearing:
The Court may suppress some or all of the evidence against you if your constitutional rights have been violated. Your attorney may file motions to suppress after receiving the "discovery" (documents and other information regarding your arrest) or police reports regarding your arrest. The motion is often heard just before the trial.

Trial:
New Jersey does not allow for jury trials in DWI matters. Your case will be heard before a Municipal Court judge. Resolution of your case, whether by trial or plea, is supposed to happen within 60 days after your arrest. There are variations to this, but the courts attempt to strictly follow this rule.

Sentencing:
The Court imposes a sentence after a conviction at trial or after a plea is accepted and entered. In addition to license suspension, fines and alcohol classes, sentences may also include jail time and community service.

Appeal:
Cases that go to trial in the Municipal Court may still be successful on appeal.  You have 20 days from a negative ruling to appeal to the Law Division of the Superior Court in the county where you are convicted.

Post Conviction Relief:
If you are now facing a second or greater conviction, you may wish to challenge a prior conviction after you are arrested for a new DWI.  If you didn’t have a lawyer in your previous case, or were not properly represented by your attorney, you can attempt to make a challenge to that original court to have that conviction overturned. If you are successful the possible penalties in your current case become significantly reduced.

The time period following your arrest for DWI can be uncertain.  If you have never been arrested, you will undoubtedly wonder about the process you must complete.   Your very first step should be to hire an experienced and knowledgeable DWI attorney.  He or she can assist you every step of the way by offering solid legal advice and by understanding your personal situation.  There is no substitute for having an excellent lawyer on your side. 

Arraignment: An arraignment is a proceeding that usually occurs within a few days of your arrest.  If you hire an attorney prior to your arraignment, you may not need to be present for the appearance.  (Keep in mind that some judges require your presence whether you have a lawyer or not.)

Pre-trial Conference:
You may have only one court date after your arraignment to decide whether you will go to trial or resolve your case by entry of a plea.  This court date, called a pre-trial conference, is typically within three or four weeks of the date of your arrest. If the police reports are available to your attorney before the pre-trial conference and all of the defenses to the charges are determined, you will either set your trial date or enter a plea.  However, most of the time, a postponement is required to obtain all the information about your case, determine your best defenses and consult with potential experts. The next court date will likely be within about seven weeks of your arrest.

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