Wednesday, December 30, 2015

What happens in a DUI arraignment?

If you are apprehended for a DUI accident, then you need to be present at court for an arraignment. It is essentially a court process when you should enter a plea as well as see to certain other details, such as to schedule the subsequent proceeding of your case.

Los Angeles, CA drunk driving accident lawyers (http://dui-lawyers.usattorneys.com/california) know there are several issues connected with the arraignment. If you intend to represent yourself, as many do in the initial stages of the process, your main aim is to obtain the police report in order to assess your case, prior to deciding what to do next, which is whether to fight your DUI case or not.

Representation

During your initial appearance in court which is called the arraignment, the judge will inquire if you have legal representation, and if not, whether you want to apply for the services of a public defender to contest your DUI charge. If you agree to a public defender the judge can appoint one immediately so that the court can proceed with the arraignment. If you have legal help already but they are not present, the judge may postpone the arraignment.

You can represent yourself but do not do this just based on the movie Fracture. 

The Complaint & Police Report

One of the important steps that Los Angeles drunk driving accident attorneys pay attention too is when the bailiff calls your name and provides a copy of all the charges made formally against you, along with the police report. When you get the charge sheet and the report, make sure to read through it quickly and note the main points. You will have plenty of time to go through the report with a fine tooth comb later. For the most part, the report doesn’t contain anything that can influence you in the handling of the arraignment.

If you are being charged with something that is not applicable to your case you perhaps can have your lawyer (your lawyer will probably know before you do) argue about this right then and there. Your protest about this charge will be duly noted and perhaps reviewed. 


The Plea

First, you will be asked how you intend to plead. Your options are guilty, no contest, or not guilty. Los Angeles, CA drunk driving accident lawyers recommend that you plead not guilty. This is always something that the court usually expects anyone facing charges to do even if you were driving like a fool and your BAC level was through the roof.

Waiving Time

Furthermore, the judge will also ask you to waive time so that you don’t need to hold the court to a specific deadline for holding the trial. Besides, at this juncture you have no idea as to what type of case you are going to have, or whether you need to prepare a defense. Therefore, it is appropriate to waive time at this time at the arraignment. If you want to fight the case, you can always withdraw the waiver made earlier by you.

Terms of Release

Depending on the circumstances surrounding your case, the court will release you. If you have already bailed out the judge might continue the bail unless the prosecutor comes up with some reason for the bail to be raised. For the most part, the court will depend on your bail to guarantee your return, wherever you go. If you are allowed to leave jail sans or without paying any bail, the court can grant continued release if the prosecutor doesn’t object.

Eventually, a date will be set for your subsequent appearance to determine if the case can be settled by means of a plea bargain, or if you intend to go to trial. No matter what, make sure have a Southern California drunk driving accident lawyer working with you. Their case load is lighter and they will be able to defend you better than a public defender. Some of best in the business can be seen and found on this ground breaking legal website: http://accident.usattorneys.com/california/

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