Posts tagged arraignment

DUI Arraignment – The Who, What and Why

The word “arraignment” sounds intimidating and scary. However, after learning about the who, what, and why of a DUI arraignment, a person should have a better understanding of the arraignment process and feel more at ease.

The Who – Who goes to a DUI arraignment?

  • A person who has been charged with DUI, also called a criminal defendant, will be required to attend the arraignment.
  • The arraignment is held in a court of law in front of a judge.
  • It is likely that the city or state prosecutor will also be present.
  • If a private DUI attorney was hired before the arraignment date, the defendant can expect to have their attorney present.  If a private attorney was not hired than a public defender will be present.
  • Other people may also be in the courtroom during the DUI arraignment.

istock photo downloaded for DUI arraignment blogThe What – What is an arraignment?

  • An arraignment is a criminal defendant’s first formal court hearing.
  • The defendant will be formally told of their charges by the judge or prosecutor.
  • The defense attorney and judge will advise the defendant of their legal rights.

The Why – Why is an arraignment important?

  • During the arraignment the judge will ask how the defendant would like to plead to the DUI charge, guilty or not guilty?
  • The defendant will need to plead guilty or not guilty.
  • Next the judge will set conditions of release, which could include; being released on personal recognizance, bail being set, order to install an ignition interlock device, a prohibition against consuming alcohol or drugs (including marijuana), placement of an alcohol detection device on your person, and no driving if the defendant is uninsured or their license is invalid.
  • In most jurisdictions, the defendant can expect to receive a copy of their police report from the prosecutor if a defense attorney is present.
  • And lastly, the defendant can expect to receive their next DUI court date, which is called the pre-trial hearing.

 

The DUI defense attorneys at David O Defense are here to help navigate clients through all steps of the legal process, including the DUI arraignment. If you have been charged with DUI, call our defense lawyers today, 206-459-6392, to schedule a free legal consultation.

 

DUI Arraignment Today for Actor John Stamos

At some point today, 52-year-old actor, John Stamos will be in front of a Los Angeles Court Judge today for arraignment of his DUI charge.  He is facing one misdemeanor count of DUI which is a result of his June 12th arrest, when he was allegedly driving erratically and behaving strangely.

It appears that drugs were the culprit of Stamos’s DUI and alcohol was not a factor.  Prosecutors are saying that the hospital records revealed drugs in Stamos’s body but they are not sharing what type of drug.

A DUI involving drugs and a DUI involving alcohol are essential the same charge, “Driving Under the Influence” thus the penalties are the same.

If found guilty of this DUI charge, Stamos, aka “Uncle Jesse” on the 1987-1995 sitcom “Full House” could face up to 6 months in county jail.

What is an arraignment and what happens?

An arraignment is the first appearance in court, which is referred to as the “arraignment hearing.” At this hearing the person accused, called the defendant, is formally told of the crime(s) he or she is accused of and is advised of his or her rights. The judge will want to hear the defendant plead guilty or not guilty. ** The DUI and criminal defense attorneys of David O Defense strongly encourage every defendant to plead not guilty at the arraignment hearing.** After the defendant pleads not guilty the court will consider whether or not to take the defendant into custody while the case is pending or consider conditions of release.

Examples of conditions of release could include but are not limited to:

  1. Bail (monetary collateral to the court to guarantee an individual’s presence in court when scheduled).
  2. Law abiding behavior.
  3. No contact with certain persons.
  4. Installation of an ignition interlock.
  5. No driving under certain conditions.
  6. Required electronic home monitoring with alcohol detection devices.
  7. Random urinalysis test.
  8. Released on personal recognizance (simply agree to return back to court as scheduled).

To learn more about how the courts proceed with DUI or criminal cases see our page Criminal Court Process.

What To Expect At A DUI Arraignment

Here’s what you can expect at a DUI arraignment, but first I will answer the commonly asked question of “What is an arraignment?”   My definition of arraignment is; the first court hearing in which a criminal defendant is told of the charges in an indictment, information, or complaint and asked to plead guilty or not guilty.

Now back to what you can expect at a DUI arraignment, simply stated…

1)  You can expect to be in front of a judge and it is likely that the city or state prosecutor will also be present.

2)  You can expect other people to be present in the court room.

3)  You can expect your attorney to be present at your DUI arraignment date if you hired one before your arraignment court date.

4)  You can expect your attorney to advise you of your rights.

5)  Next you can expect the judge or prosecutor to tell you the crime you have formally been charged with.

6)  You can expect the judge to ask how you would like to plead to the DUI charge, guilty or not guilty?

7)  You can expect to plead not guilty to the DUI charge?

8)  Next you can expect the judge to set conditions of release, which could include; being released on your personal recognizance, bail being set, order to install an ignition interlock device, a prohibition against consuming alcohol or drugs (including marijuana), placement of an alcohol detection device on your person, and no driving if you are uninsured or your license is invalid.

9)  In most jurisdictions, you can expect to receive a copy of your police report from the prosecutor if your attorney is present.

10)  And lastly, you can expect to receive your next DUI court date, which is called the pre-trial hearing.

 

If you have been arrested for DUI and you have received your arraignment date, call David O Defense today to schedule a free DUI consultation.  Our experienced DUI defense attorneys are here to help and will answer any questions you may have.  Call our DUI defense lawyers today, 206-459-6392.

 

Written by DUI defense attorney, David O

Co-Written by Sarah Ann

 

 

David O Defense
2211 Elliott Avenue, Suite 200 Seattle, WA 98121
Tel: 206.459.6392
Fax: 888.615.0237
Email: david@davidodefense.com

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