If you are a victim of a DUI arrest (driving while intoxicated) and you are ordered to appear before a judge for an arraignment. An appearance before a judge where the accused is arraigned and must enter either a guilty or not guilty plea is called an arraignment. In this article, we are going to discuss what’s likely to occur at the time of your arraignment, what options you have in dealing with the charge as well as how plea bargaining is conducted. More about the author?
What should you expect during your DUI Arrest
A first appearance in court or formal hearing in the DUI matter is referred to as an “Arraignment”. In the initial court appearance, the defendant will be heard, or advised of the charges brought against them and offered the chance to make a decision on a plea of guilty, not guilty or the no-contest option. Following the completion of the DUI trial, the judge generally issues a bail and notifying the defendant of the conditions of the bail and sets the date and time for the court’s next hearing. An DUI attorney can help make this process more smooth in the event that they’re present prior to the arraignment. An arraignment isn’t a worry or a sleepless nights. This is just the beginning hearing in the process that will be taking care of your DUI charges.
The Pre-Trial Motion Hearing
Motions are an official request made by the defense or the prosecution to the judge to issue an or order. Motions for the suppression of evidence, motions against previous convictions or motions to discover evidence are a few instances. Each motion must be presided over or listened to by a judge before a trial can begin.
Pre-Trial Conference & Plea Bargaining
At a pre-trial conference both the prosecution and defense may try to come to a resolution of the case that is agreeable, typically through a plea bargain agreement. The pre-trial conference has to be approved by the trial court. A plea bargain involves an arrangement between the prosecution and defense to a satisfactory disposition of the matter based on an agreement to be guilty. In the event of negotiations for a plea bargain, an LA DUI lawyer will provide you with the advantages and disadvantages of agreeing to the plea bargain. If the defendant does agree to the plea deal, the trial process is skipped and the case moves straight towards sentencing.
Trial and Sentencing
The DUI attorneys and the prosecutor choose the panel of jurors before the commencement of the DUI trial. The jury selection process is designed to ensure that the defense as well as the prosecution are able to eliminate jurors who may be biased. The jury then presents their decision based on evidence presented to them. There are four possible outcomes for a DUI which include guilt, not guilty and not-guilty due to insanity, and guilty but sick. In the event that the accused is found to be guilty, a trial is scheduled to be held to determine the verdict.