DUI Arrest Hearing


DUI case

&NewLine;<p><a href&equals;"https&colon;&sol;&sol;www&period;dc-dui-lawyer&period;com&sol;dui-arraignment-hearing&sol;">What to expect at your DUI arraignment hearing&quest; <&sol;a>The arraignment is the first court date in a DUI case&period; At the arraignment&comma; the judge will explain the charges against you and the possible penalties&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>You will have the opportunity to enter a plea of guilty&comma; not guilty or no contest&period; It is important to consult with a trusted <a href&equals;"https&colon;&sol;&sol;backstageviral&period;com&sol;explore-the-sound-reasons-you-should-hire-a-dui-lawyer&sol;">DUI lawyer<&sol;a> before the arraignment&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<h2 class&equals;"wp-block-heading">Pleading Guilty or Not Guilty<&sol;h2>&NewLine;&NewLine;&NewLine;&NewLine;<p>At arraignment&comma; the judge must read the law you’re charged with violating and advise you of your rights&period; However&comma; many defendants choose to waive this formal advisement&comma; especially if they already have an attorney&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>The judge will also address bail and conditions of release at this hearing&period; In most DUI cases&comma; the defendant will be released without posting bail &lpar;released on their own recognizance&rpar; as long as they promise to attend future court dates&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>Defendants may also agree to a plea bargain at their arraignment&period; For example&comma; the prosecutor might offer to reduce the charge from a DUI to &OpenCurlyDoubleQuote;wet reckless” &lpar;2nd offense&rpar; in exchange for a guilty plea&period; Your trusted attorney can advise you on the best plea to enter&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>You’ll also have the opportunity to file legal motions at your arraignment&period; These include a request for discovery&comma; which requires the DA to turn over police reports and evidence in your case&comma; and a motion to suppress evidence if the police violated your constitutional rights during your stop&comma; detention or arrest&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<h2 class&equals;"wp-block-heading">Witnesses<&sol;h2>&NewLine;&NewLine;&NewLine;&NewLine;<p>Often&comma; the officer who made the arrest will be present at your arraignment hearing to testify about his or her observations during the stop and any subsequent tests&period; If you have a witness that you think would be helpful to your case&comma; your lawyer may submit a request for a subpoena at this time&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>At your arraignment hearing&comma; you will also receive a copy of the police report and possibly other evidence such as blood or breath test results&period; Your attorney will use the police report and other information to begin the discovery process&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>Your attorney might also submit pretrial motions at your arraignment or during a later court appearance called a Pre-Trial Conference&period; These include motions to suppress evidence&comma; requests to dismiss and other motions &&num;8220&semi;in limine&&num;8221&semi; which are designed to improve your prospects in the case&period; If your case does not settle or you are not given a plea agreement&comma; it will proceed to trial&period; This includes a jury trial where your defense attorney must convince 12 people that you are not guilty of DUI&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<h2 class&equals;"wp-block-heading">Bail<&sol;h2>&NewLine;&NewLine;&NewLine;&NewLine;<p>The judge will read the charges against you and ask how you intend to plead &lpar;guilty&comma; no contest or not guilty&rpar;&period; If you plead not guilty&comma; a pretrial hearing date is set&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>The court will also set your bail at this time&period; If you are a low flight risk&comma; the judge may allow you to be released on your own recognizance &lpar;OR release&rpar; or set a much lower amount for bail&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>Your attorney can file motions that challenge key evidence&comma; such as the police report and breathalyzer test results&period; They can also request a full discovery of evidence in your case&comma; including any video or audio recordings&period; This could uncover information that leads to the case being dismissed&period; This is why it’s important to have a DUI defense lawyer working on your case early on&period; They can also investigate whether the police acted lawfully during your arrest and search for any errors that may benefit your case&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<h2 class&equals;"wp-block-heading">Trial<&sol;h2>&NewLine;&NewLine;&NewLine;&NewLine;<p>If you choose to plead guilty at the arraignment&comma; you avoid the preliminary hearing and trial&period; However&comma; you must meet certain bail conditions such as prohibition on alcohol or non-prescribed drugs and a promise to appear for all court dates&period; In many cases&comma; your attorney can negotiate a plea bargain to something less than DUI such as wet reckless&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>At the arraignment&comma; the judge will ask how you want to plead&comma; including guilty&comma; not guilty and nolo contendere &lpar;no contest&rpar;&period; While some defendants may choose to plead guilty at this point&comma; most attorneys will advise their clients that it is best to keep all options open by entering a not-guilty plea at arraignment&period; This will also allow the defense to build an attorney-client relationship with a reputable legal professional and gather solid evidence before your next court date called a pretrial conference&period; This process will also give the prosecutor a window to offer a plea deal&period;<&sol;p>&NewLine;

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