After your DUI arrest (driving when intoxicated), you may be asked to attend court to be arraigned. An appearance in court where the defendant is charged and has to sign either a guilty or not guilty plea is called an arraignment. Continue reading?
In this piece, we will discuss what is expected to take place at the arraignment hearing, what your options are for dealing with the charge and also how plea bargaining works.
What will Happen at your DUI Arraignment
A “Arraignment” will be the initial formal appearance for the case of a DUI. When the court first appears the defendant is called an arraignment, or informed of the charges brought against them, and given an opportunity to enter a plea such as guilty, not guilty, or not contesting. At the end of the DUI arraignment, the court generally issues a bail and informs the defendant of the conditions of the bail, and schedules the date and timing for the court’s next hearing. An DUI lawyer can help make this process more smooth in the event that they’re present prior to your Arraignment. Arrests should not be a an issue of anxiety or sleepiness. It’s the first hearing for your DUI conviction.
The Pre-Trial Motion Hearing
A motion could be a request from the defendant or prosecution for the judge to make an decision. Motions for the suppression of evidence, motions against prior convictions, or motions to discover evidence are a few examples. Motions have to be presided over or listened to by a judge before trial is allowed to commence.
Pre-Trial Conference and Plea Bargaining
In a pre-trial conference, both the prosecution and defense might try to reach an agreement that is satisfactory to the trial, often by a plea bargain agreement. The pre-trial conference has to be endorsed by the court of trial. A plea bargain involves an agreement between the prosecution and defense on a fair resolution to the case on the agreement that the defendant will admit guilt. A dui attorney los angeles will be able to guide you through what are the advantages and disadvantages in the negotiation process for a plea bargain. A trial will not be held after the defendant has accepted the plea bargain. Instead, the sentence will be executed.
Trial and Sentencing
The DUI lawyer and prosecutor choose the panel of jurors before the commencement of the DUI trial. This selection process is designed to ensure that the defense as well as the prosecution will be able to exclude jurors who could be biased. The jury will then present their decision based on evidence that they have been given. There are four outcomes that can be averted in a DUI such as guilt, not-guilty or not guilty due to insaneness, guilty and mentally ill. If the defendant is found to be guilty, his sentence is determined through hearings in the court.