Why You Need a Lawyer at Your DUI Arraignment
After you have been arrested on suspicion of DUI, a number of events will take place. First up, you will be placed into custody and booked. From there, bail will be set. You will either make bail and be released or not make bail and remain in custody until your arraignment.
Your arraignment and appearance before a judge usually takes place quickly. It is an important step of the criminal justice process in which you have an opportunity to enter a plea. Because the arraignment sets the tone for how the remainder of your case will be handled, it is a good idea to have a DUI attorney at your side during this pivotal point of your DUI case.
Seeking Representation
An experienced criminal defense attorney will know what to expect at your arraignment and understands how to best answer the complaint against you. Although you have a right to self-representation, it is always advisable to have an attorney represent your best interests during your arraignment and throughout your criminal case.
If you have not hired an attorney by the time of your arraignment, the judge may offer one to you on the spot or allow you more time to secure representation. Once you have decided on representation, your arraignment proceeding will continue.
Entering a Plea
When the judge calls your name, you will stand before them and be asked to enter a plea. You have one of three options:
- Guilty
- Not guilty
- No contest (nolo contendre)
Depending on the plea you enter, the judge will schedule further proceedings. This may be anything from a trial date to additional hearings to obtain needed information.
Waive Time
If the plea you enter requires a trial, the judge will ask you to waive time. When you waive time, you agree that you will not hold the court to the strict timeline in which trials must be held. Waiving time allows you the opportunity to understand your case and, if you seek representation from a criminal defense attorney, allows them time to strategize a defense on your behalf.
Being Released
After you have entered a plea and waived time, the judge will set the conditions of your release. If you have already been released, the judge will typically carry on the terms of the original bail. However, if you have been in custody since your arrest, the judge will now set the conditions of your release. If you have a criminal defense attorney on your side, they can argue for reduced bail or even get the judge to release you on your own recognizance.
What’s Next
After your arraignment, you will be given a date to appear for a case settlement conference. This meeting will establish whether there is a plea bargain available and ultimately determine if your case will go to trial. The decisions made at your arraignment and immediately following it will directly affect the outcome of your case. With so many important considerations, it is always recommended to hire a criminal defense lawyer who can advise you of your options and represent your best interests every step of the way.
