In short, an arraignment is an initial appearance that a person makes in a criminal case. This is where you are given the charges in your case, you enter a plea of guilty, not guilty, or no contest, and (in appropriate cases) your bail is set. In some of the courts, I will continue the arraignment to review the discovery with my client and determine our best strategy moving forward.
Hence, your arraignment is a critical stage in the proceedings, and you should have your DUI attorney by your side or at least there in your stead.
At the arraignment, your DUI defense attorney plays a crucial role. They can negotiate with the prosecutors, potentially convincing them to give you a release on your recognizance, meaning no bail will have to be posted to remain free from custody.
In some DUI courts, the judges order the defendants to attend Alcoholics Anonymous meetings to be released on their recognizance (this usually occurs when the person has a high blood alcohol reading, has prior DUIs, or got in an accident).
Depending on the circumstances of the case, I will not have my clients come to court unless necessary. This gives me the chance to meet with the prosecutor one-on-one and see precisely how they feel about the case and what they are willing to do to settle it.
This allows the client to work and not waste time and money, and the prosecutors and judge do not hold it against them because they know the person hired a private attorney to handle their matter and take the case seriously.
Early Intervention By An Experienced Lawyer: It's crucial to understand that the sooner you involve a seasoned DUI defense attorney in your case, the better. This proactive step can significantly influence the direction of your case, providing you with a sense of reassurance and control.
Some clients foolishly wait until after their arraignment to hire their attorney, believing that the arraignment is not a very important part of the case. In my opinion, you want your DUI defense attorney on the case as soon as possible to start your topic moving in the right direction.
Without an attorney from the start, you risk losing valuable rights and having charges added to your case. It's a risk that's not worth taking when your driving record, criminal record, reputation, and freedom are on the line.
It should be clear to you now that the arraignment is the beginning of your DUI case, and it should be handled with care and professionalism. This reassures you that your case is in good hands and will be managed with the utmost attention to detail and expertise.
The arraignment is a key opportunity for the best DUI defense attorneys to shape the case in a light most favorable to their client and their client's interests. It's not a step to be overlooked or underestimated.
DUI Arraignment Within 72 Hours of Arrest
How soon after being arrested for a DUI in Los Angeles is the arraignment? In LA County, someone must be brought to court within seventy-two hours of their arrest.
If this is not possible or if the court needs to file the case faster, then the authorities must let them go. This time can be extended if they are arrested on weekends or holidays. Further, once they post bail in the case, they will be released, and their appearance in court will usually be set approximately thirty days away, depending on how busy the courthouse is with their case.
Once the person is in court, the police must give the arrest report and all available evidence to the prosecutors to file the case. Suppose the prosecutors need to receive the necessary paperwork to file the claim. In that case, the case can be continued for further investigation while the police try and get their act together.
Sometimes, the prosecutors do not believe enough evidence to file a case against a particular defendant and reject the claim. If this happens, then the person will be free from any action on the part of the courts. However, they will still have the arrest record that will remain.
Defending a DUI case in Los Angeles can be tricky and should be treated seriously by an attorney who has been down the road you are about to travel. I always tell my clients who have been unlucky enough to have been arrested for a DUI to do it once, do it right, and never do it again!
