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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