Things To Know When Facing A DUI Trial: Bifurcation Motions
Facing a DUI charge can be overwhelming, especially when you have prior convictions that could potentially influence the outcome of your case. One legal strategy that your defense attorney might employ is filing a bifurcation motion. Understanding what this motion is and how it can protect your rights during trial is essential for anyone facing DUI charges.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with one of our appeals attorneys near you.
What Is a Bifurcation Motion?
A bifurcation motion is a legal request that asks the court to separate different parts of a trial. In DUI cases, this motion specifically requests that information about your prior DUI convictions be kept separate from the substantive trial about your current charges. The primary purpose of bifurcation is to prevent the jury from learning about your past convictions during the main trial, which could unfairly prejudice them against you before they’ve had a chance to evaluate the evidence related to your current case.
Why Prior Convictions Can Be Prejudicial
When a jury learns about your previous DUI convictions during the main trial, they may form negative opinions about your character rather than focusing solely on the evidence related to the current charges. This bias can significantly impact their decision-making process, even when the prior convictions aren’t directly relevant to proving the current offense.
When Should Bifurcation Be Granted?
Courts consider several factors when determining whether to grant a bifurcation motion:
Similarity Between Offenses: The court examines how similar the prior conviction is to the current charges. If the prior offense is substantially similar to what you’re currently charged with, the potential for prejudice increases significantly.
Timing of the Prior Conviction: How recently the prior conviction occurred is another crucial factor. A recent prior conviction may carry more prejudicial weight than one from many years ago.
Relative Seriousness: The court also considers the relative seriousness or inflammatory nature of the prior conviction compared to the current charges. Some prior convictions may be particularly shocking or inflammatory, making them more likely to unfairly influence a jury’s perception.
How Bifurcation Works in Practice
When a bifurcation motion is granted, the trial typically proceeds in two phases. First, the jury hears evidence and determines guilt or innocence on the substantive charges without knowing about prior convictions. If you’re found guilty, then a second phase begins where evidence about prior convictions is presented for purposes of sentencing enhancement.
This separation allows the jury to make an unbiased determination about your current charges based solely on the relevant evidence, while still allowing the court to consider your criminal history for sentencing purposes if a conviction occurs.
The Impact on Your Defense Strategy
A successful bifurcation motion can significantly strengthen your defense strategy by ensuring that the jury focuses on the actual evidence related to your current charges rather than making assumptions based on past behavior. This levels the playing field and gives you a better chance of receiving a fair trial.
Your attorney may also use the bifurcation process strategically, knowing that if the prosecution’s case is weak on the current charges, keeping prior convictions separate prevents the jury from potentially convicting based on pattern evidence rather than proof beyond a reasonable doubt for the current offense.
Contact Wallin & Klarich Today
If you are facing DUI charges, you need to contact an aggressive defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients ensure they receive a fair trial in their criminal defense cases. We know the most effective strategies to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.
At Wallin & Klarich, we have offices all over Southern California: Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, and Anaheim. Additionally, our law firm can handle many types of cases statewide.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled defense attorney near you.
