If you were charged with driving under the influence, you will likely be going through the arraignment process. There are several things you should know about an arraignment, including whether or not you need to speak to a DUI lawyer. Here are some questions you may have about the process:
Is Representation Required at an Arraignment?
Whether or not you have representation is typically up to you. A DUI lawyer is not required to be at arraignments, but they can be there if you already have one. If you arrive without an attorney, the judge will ask if you have one or if you need one assigned to you. This is the time when a public defender will be provided to help you with your case. Some states will not provide a public defender free of charge unless you fall under some strict financial guidelines. This is also the time to tell the judge that you want to defend yourself, if that is what you wish.
What Should the Plea Be?
You will be asked what your plea is during the arraignment. You can plead either guilty, not guilty, or no contest. Your DUI lawyer will likely advise you to plead not guilty so that you or your attorney has an opportunity to thoroughly examine your case. The courts will usually expect you to plead not guilty, especially if you live far from where the incident occurred.
When Will the Next Court Date Be?
The next court day will typically be determined by the judge. The purpose of the next appearance is to either decide if your case will go to trial or if you choose to work out a plea bargain. The judge, along with your attorney, will determine what is to happen at the next phase of your case. If you decide to plea bargain, your case could be settled soon after.
What Happens After the Arraignment?
What happens after the arraignment will be dependent upon what your intended plea will be as well the feelings of the judge. If you intend to plead not guilty, you may be asked why you think that you would win your case. The judge may want you to identify the reasons why you think you should not be found guilty. If you have arranged a plea bargain, the details of that would be ironed out and your sentence would be decided soon thereafter.
If you are expecting to go to court for driving under the influence, you need to know what all is expected from you. You may want to consult a DUI lawyer so that you will be thoroughly prepared for the entire process.