When you’re arrested for an DUI (driving under the influence) it is necessary to appear in court to be arraigned. An appearance before a judge where the accused is arraigned and must enter either a guilty or not guilty plea is referred to as an arraignment. This article will cover what goes on during an arraignment and what options you have to deal with the charges. The article will also discuss the process of negotiating a plea – helpful resources!
Things to expect when you DUI Arrest
First formal appearance or formal hearing in an DUI instance is known as an “Arraignment”. The defendant will be arraigned or notified of charges, and given the chance to enter a non-guilty or guilty plea during the court’s initial appearance. The court will usually issue bail upon the DUI court appearance. They will advise the defendant of the bail conditions and set a date for the next hearing. In general, having an DUI Lawyer involved prior to your scheduled arraignment could help your legal proceedings go smoothly. The arraignment process should not cause for worry or insomnia. This is just the beginning hearing that will take care of your DUI criminal charges.
Pre Trial Motion Hearing
A motion is an formal demand by either the prosecutor or defense before a judge for an or order. This can include motions to discredit evidence, motions suppress prior convictions, or motions to discover evidence. Before the trial can begin any motions need to be heard or presided by a judge.
Pre-Trial Conference & Plea Bargaining
A pre-trial conference both the prosecution and defense can try to reach a settlement which is acceptable, often through a plea bargain agreement. A trial judge must accept the agreement prior to trial. A plea bargain can be negotiated between parties like the defense, the prosecution and the court to reach an agreement on a favorable solution to the matter. A Los Angeles DUI attorney can advise you about the pros and cons involved in the negotiation process for a plea bargain. If the defendant is in agreement with the plea deal, the trial procedure is not conducted and the case is sent straight to sentencing.
Trial and Sentencing
In the initial phase of the trial The DUI attorney along with the prosecutor assist in selecting the jury panel. The jury selection process is implemented so that both sides can eliminate any jurors that might be biased. Jurors will present their verdict, based on evidence presented to them. In the case of a DUI trial, there’s different verdicts that may be reached- guilty, not guilty, not found guilty by reason of insanity, and guilty and mentally mentally ill. If the defendant is found guilty, the sentence will be determined in the court in a trial.