Once you have been arrested on suspicion
of driving under the influence (DUI) or driving while intoxicated (DWI) then you
will be scheduled sooner or later to appear in front of a judge for your
arraignment.
According to Virginia Beach, VA DUI
lawyers which can be found using this cutting edge digital tool DUI-USAttorneys.com, the
arraignment is a legal process where the defendant is officially made aware of
the charges being brought against him or her by the prosecutors and is asked
whether they plead guilty, not guilty or plead with no contest.
What happens at the arraignment?
The objective of the arraignment is to
determine how the case should progress and this depends on how you plead to the
charges. You can have your legal pro present at this time. The arraignment is
also where your bail amount (unless it is a non-bailable offense) is set. If
you are able to post bail at this time you will be released and in many cases,
especially in rural parts, individuals charged with misdemeanors may be
released on their own recognizance, say Virginia DUI attorneys.
Having a legal representative at this
point is an astute idea even though you will only be entering a plea and will
not be required to divulge any information. Furthermore, if you plead not
guilty, then you can at any stage later change your plea to a guilty plea or a
no contest (nolo contendere) plea.
In some states, the state law allows you
to ask for a jury trial where you will appear before a panel of jurors instead
of appearing in front of a judge.
Do not think about the movie A Time to
Kill much. You are not in the Deep South and even if you are African American,
most likely you will have some folks on the jury of the same skin color. It is
unlikely you will be going through what Carl Lee Hailey (Samuel L. Jackson) was
going through when he saw everyone on the jury being white. Also, you are not
on trial for murder. Hopefully not!
On top of this, Carl Lee Hailey won
since common sense most of time wins in America (well, not with Obamacare,
Keystone pipeline, taxes, the debt, the Iran nuclear deal, and so on. Carl Lee
Hailey knew his daughter was not going to receive justice so he had to do
something about it.
His case was extreme, yours is not.
Moreover, if you are charged with having
previous DUI convictions, then the best strategy to adopt for the time being
would be to deny these convictions. You and your legal counselor can always challenge the validity of these DUI convictions at a
later stage.
What are your options?
Virginia Beach, VA DUI lawyers stress
the fact that how you plead will in effect determine the next stage of the
case. If you plead guilty then that is pretty much the end of it as you will
then be scheduled for sentencing where your legal punishments will be declared.
If you plead with ‘no contest’ then you are
basically going to face the same type of sentencing, but the only difference is
that you have not exclusively confessed to the crime and so this case cannot be
used as evidence against you in any other connected civil or federal lawsuit.
If you plead not guilty, then the case
will go into trial and you will need to defend yourself against the
prosecution’s allegations and have them dismissed with the help of evidence and
reasoning.
A lawyer will prove invaluable in
helping you beat your DUI case so just make sure to
appoint a tactful and meaningful Virginia DUI lawyer as soon as possible.
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