When someone is arrested for a DUI in Los Angeles, the first major court event they will encounter is the DUI arraignment. This is where the individual will hear the charges against them and be able to respond. It is an essential step in the court process, laying the foundation for all subsequent proceedings.
If you're facing a DUI arraignment, know what to expect and how to prepare. We put our clients' needs first at Perlman & Cohen Los Angeles Criminal Lawyers. On the arraignment date, you will make your first appearance in court, and the judge will ask how you plead to the charges.
This is your first opportunity to review the evidence against you. Learn more about arraignments for felony and misdemeanor DUI cases below. Then, contact us for a free case consultation.
A DUI arraignment is the initial court hearing where someone charged with a DUI in Los Angeles first appears before a judge. At this hearing, the defendant is formally read the charges against them and asked to enter a plea.
This is also the first opportunity for the defendant to hear a summary of the evidence the police have gathered. The arraignment is a critical part of the DUI process because it officially starts the court proceedings and informs the defendant of the full scope of their legal situation.
It's not just about hearing the charges; it's also about receiving official documentation related to the DUI case. This is the moment when many defendants truly grasp the seriousness of their situation. The choices at this stage, such as which plea to enter, are pivotal and can greatly influence the case outcome.
Typically, a DUI arraignment in Los Angeles occurs very soon after the arrest, often within 48 hours if the arrest occurred on a weekday. Arraignment may be scheduled for the next court date if the arrest is made over a weekend or a holiday.
This quick scheduling ensures the defendant's right to a speedy trial is upheld. However, the exact timing can vary based on court schedules and the specific circumstances surrounding the arrest.
You will stand before a judge in a courtroom setting at the DUI arraignment. Here, the judge will formally read the charges against you. You will be asked to enter a plea to these charges—guilty, not guilty, or no contest. Your lawyer will also be able to discuss bail and potential release conditions with the court.
Choosing the right plea is vital. Pleading not guilty gives you the chance to fight the charges against you. Pleading guilty or no contest typically results in immediate sentencing. Your decision should be based on legal advice from your DUI lawyer, who can assess the strength of the evidence and advise on the best course of action.
If bail is set, the amount will depend on several factors, including your criminal record and the specifics of the DUI case.
Sometimes, the court may release you on your recognizance, meaning you agree to return for your court date without posting bail. Your lawyer can argue for the lowest possible bail or your release without bail.
After the arraignment, the court will schedule future dates for pre-trial motions and possibly a trial if you plead not guilty. These dates are critical as they determine the timeline for preparing your defense. Ensure you note all these dates, as missing a court appearance can result in additional charges.
During a DUI arraignment, most defendants will plead not guilty, especially if they plan to contest the charges or if they want more time to review the evidence.
Pleading guilty is less common and typically occurs when a plea bargain is in place. Pleading no contest is similar to pleading guilty but does not involve an admission of guilt; it simply means you do not contest the charges.
If you plead not guilty, your case will proceed to pre-trial conferences and possibly a trial. This plea allows your lawyer to challenge the prosecution's evidence, negotiate plea bargains, or prepare for a full defense at trial. It's a plea that signifies your intention to fight the charges with the help of your DUI lawyer.
Pleading guilty or no contest can lead to immediate sentencing. This might be a strategic decision if your lawyer negotiates a plea deal that offers a lighter sentence than what might result from a trial. However, this means you waive your right to trial and accept the penalties prescribed by the court.
Requesting a plea deal can be strategic if the evidence against you is strong. Your lawyer can negotiate with the prosecutor to potentially reduce the charges or the sentence. This is often pursued in cases where a conviction seems likely, and a plea deal would offer a more favorable outcome.
Having a lawyer at your arraignment is needed, especially regarding bail or release conditions. Your lawyer can argue for lower bail or for you to be released on your recognizance based on your ties to the community and lack of criminal history. They can also challenge any unjust conditions of release that the court might impose.
Facing a DUI can be daunting, but you don't have to go through it alone. At Perlman & Cohen Los Angeles Criminal Lawyers, we defend your rights. We have experience defending clients against DUI cases in Los Angeles County.
Our criminal defense attorney is ready to represent you even with prior DUI convictions. Contact us today to schedule a free consultation.
"*" indicates required fields
If you or a loved one needs the assistance of our criminal law attorneys, please feel free to contact us in the way that is most convenient to you, whether that is calling us at (310) 557-1700 or completing the contact form below. All fields are required.
