Even if you do not qualify for a free appointed attorney to represent you on the case, they will likely still represent you for the arraignment anyway. Just plead not guilty and try to hire an attorney by your first pre-trial hearing. 1 found this answer helpful | 4 lawyers agree
Full Answer
Sometime after your arrest for a DUI (driving under the influence) or DWI (driving while intoxicated), you'll have to appear before a judge for your arraignment. An arraignment is a court appearance in which a defendant is formally charged with a crime and asked to respond to the charge by entering a plea.
With most criminal cases, there's not much to do before the arraignment happens. But with DUI cases, it's typically necessary to take action within days of the arrest to contest an administrative license suspension imposed by the Department of Motor Vehicles (DMV) that will otherwise go into effect automatically.
Having an attorney represent you at arraignment is normally unnecessary. At this stage, you are only entering a plea, and you can plead not guilty. You can always change your plea to guilty or "nolo contendere" (no contest) later. In most states, you can also insist on a jury trial.
When the prosecution "rests," the defense has an opportunity to present evidence. In many cases, the defense doesn't present any of its own evidence. But it's also common in DUI cases for the defense to call experts witnesses to testify in an effort to cast doubt on the reliability of breath or blood test results.
The arraignment is where you will find out what criminal charges have been filed against you, your Constitutional rights, as well as bail status. This is also where you are given your first opportunity to enter a plea: no contest, not guilty, or guilty.
An arraignment is the first “legal” or court-based step in a DUI case. It's a hearing wherein a Judge or Magistrate informs you of the offense (or offenses) being charged against you, and then determines the amount of bond to be set, along with whatever conditions of bond you must follow to remain out of jail.
Typical penalties for a first time DUI include: 2-days in jail (a weekend) or community service. Fine between $390 and $1,000, plus penalty assessments. 3-5 years' summary probation.
When you plead guilty to a DUI charge, you are waiving your right to a trial by a jury of your peers. Instead, you are telling the judge that yes, you are guilty, and you will accept whatever punishment they see fit. A conviction will be entered against you, which will go on your permanent criminal record.
An arraignment is a hearing. It is where the court formally charges the person who abused you with the crime. If the person who abused you is arrested and the District Attorney files a criminal complaint against them, the first thing that will happen in court is the arraignment.
2, Pre-Trial, or Arraignment/Pre-Trial: The first real court date in a Michigan DUI case is the “pre-trial.” A pre-trial brings the prosecutor and the defense lawyer together to discuss the case, and see if it can be resolved through some kind of plea bargain.
In California, jail time is practically mandatory for people convicted of a DUI. Even if it is your first offense and no one was injured, a judge can sentence you to six months in jail.
A first DUI carries $390 to $1,000 in fines plus a number of "penalty assessments" that can substantially increase the amount the driver has to pay. The total can be several thousand dollars or more. Jail. It's possible for a first offender to receive 48 hours to six months in jail.
If pulled over for drinking and driving, you can get charged with a DUI. Luckily, in the state of California, you can get it dismissed before heading to court.
* How much does a DUI cost? California DUI fines range from $390 to $5,000 plus penalty assessments & fees that can raise the total cost to $18,000, depending on your DUI charge. DUI with injury or property damage may also require you to pay injured parties.
If you plead not guilty, the case will be adjourned for trial, which means you will have to come back to court at a later date. This gives both sides time to prepare their arguments and the evidence they will be putting forward, for instance by asking expert witnesses to come to court.
Do all California DUI convictions require jail time?DUI OffenseMinimum Jail TimeMaximum Jail Sentence1st DUI48 hours6 months2nd DUI (within 10 years)10 daysUp to 1 year3rd DUI (within 10 years)120 daysUp to 1 year4th (or more) DUI (within 10 years)180 daysUp to 3 years
It is important to note that in DUI cases, the arraignment usually represents the first and last time the suspect will be in court, as most DUI suspects choose to plead guilty, especially if evidence of intoxication is strong and if little leeway for a plea bargain exists.
If a DUI defendant faces the possibility of jail time upon conviction, they have a constitutional right to the assistance of an attorney, or "counsel .". If the defendant wishes to be represented by an attorney but cannot afford to hire one, a government-appointed attorney will be assigned at no cost to the defendant.
DUI Arraignment. After the arrest, booking, and initial bail phases of the DUI process, the first stage of courtroom-based proceedings takes place -- the arraignment. Many citizens that are arrested for a DUI have never had a criminal case in court. And because they have no experience in the courtroom, they don't understand how the process works.
Westminster Court also has this problem, and they are 2 to 3 months behind on filing. Central Santa Ana also has this problem, and they are also a few months behind on filing for their 1st DUI. Fullerton is not behind, and they are on top of their filings.
The best scenario and one you want is for the district attorney to reject the case and send it back for further investigation. This is not an exception. These usually happen with cases with low blood alcohol content and domestic violence cases. It can also mean that the police or DA lost the paperwork.
No Charges Filed at Arraignment could mean that the police agency has not sent the case to the district attorney for filing yet. When you have a case that is not filed, it can mean that the police agency has not sent the case over yet. Some police agencies are slow to send over reports to the district attorney’s office for review.
When No Charges are Filed at Arraignment it could mean several scenarios. . It doesn’ t mean that you will be free of criminal charges. The law enforcement agency may not have sent over the paperwork to the prosecutors yet; this results in a delay of filing. It could also mean the documents have been sent over, but the prosecutor has not reviewed it yet because of priority resulting in a delay in filing. It could just mean the arrest report was lost by the investigator for your case or misplaced by the office clerk resulting in your case not being on the calendar on the day it is scheduled. Thus opening up some legal options to take advantage of a speedy trial and clear your arrest. We will go over each scenario in more detail below. You can also skip to my tools and resource page to get access to the court’s website and phone numbers for the local courts and district attorney’s to check on your case. Whatever happens, it’s an opportunity (which we will explain below), and important to keep an eye out on your case.
It could also mean the documents have been sent over, but the prosecutor has not reviewed it yet because of priority resulting in a delay in filing.
These usually happen with cases with low blood alcohol content and domestic violence cases. It can also mean that the police or DA lost the paperwork. Law enforcement has to make decisions out in the field and do not have the ability of 20/20 hindsight.
It could just mean the arrest report was lost by the investigator for your case or misplaced by the office clerk resulting in your case not being on the calendar on the day it is scheduled. Thus opening up some legal options to take advantage of a speedy trial and clear your arrest.
Correct, the DA has one year to file a misdemeanor DUI charge against you. That time starts from the date of arrest.#N#As for the DMV, unfortunately, there is no affect on the DMV. You must still fight the DMV case, otherwise, you risk license suspension despite not having a DUI...
Nothing happens to DMV if no charges are filed at arraignment.#N#It's a little like comparing apples and oranges. The DUI case is a criminal court matter, while the DMV hearing is administrative hearing before an administrative judge. The DMV hearing is completely independent of your criminal court case...
The DMV case and the court case are rarely related, so the failure to file the case in a timely fashion for the arraignment is highly likely to have no effect on the DMV matter.
However, whatever issues may have led to the case not being filed may be a defense in the APS action. You can still be suspended from the hearing even though a case isn't filed, but you wouldn't be facing jail, or fines or probation from the court...