The DUI Arrest Procedure Could Be A Frightning Thing To Go Through
9:45 am Guest Author
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Thus it’s happened. You were driving home last weekend since having some drinks with friends and you got popped for DUI and you will need a accident lawyer Michigan. You think you did everything correct – you didn’t inform the officer if you’d been drinking, and you refused field sobriety tests, but you ended up taking the breath test after speaking with a dui defense Michigan on the phone. You were just over the legal limit and were pulled over for a simple traffic infraction, so you think you might have a fighting chance, but you’ve never been in this kind of trouble before, so the process seems a little terrifying.
If this is your first time dealing with the criminal practice and dui arrests. Don’t worry. The Michigan DUI lawyer and you have hired will be able to guide you through the practice, and the courts are actually there to be helpful in most situations. But just in case you are still interested about what happens in court, here is a brief outline of the arraignment, your first court investigation.
Arraignment, for the most part, is a procedural vehicle to get the rest of the criminal process started. It is designed to make confident you are aware of your rights, that if you decide to exercise your rights you are accommodated even if you don’t have the money to do so, and that you are not languishing in jail with unfounded charges.
Arraignment, in a nutshell, is the first opportunity for you to occur before the court. It is the time once the prosecutor must furnish a copy of the charges opposed to you, it is the time when you go into your plea to the charges, and it is the occasion you can demand an attorney if you want to have individual appointed to you.
Arraignment must be brought within fifteen days of your arrest if you are kept in custody (jail). If you are not in custody, you have to be arraigned within fifteen days of your first court appearance. Often your arraignment will be your first court appearance if you are not in custody. If you are not brought to arraignment within fifteen days and you are in custody, the charges against you will be released.
In reality, the greater part of your arraignment will consist of waiting to get called up in front of the judge. Often arraignments are done en masse, with up to 100 people called in for one 8:45 a.m. court time. When up in front of the judge, the process takes less than two minutes and sounds something like this:
Attorney: Good morning, your honor. Attorney there with client. Client has established a copy of the arraignment, waives formal reading of the arraignment, stipulates to probable cause for the reason of arraignment, and enters a plea of not guilty.
Judge: Is (client name) your real name?
Client: Yes.
Judge: Okay, let’s set a pretrial date…
As a consequence then you are done. The possible root section of that statement frequently worries people. All that means is that you are giving the judge a open pass to locate possible reason for the charges that are filed. It’s a time saver that permits you to get out of there without the judge having to translate the police reports (which will in all but the most improbable of situations amount to probable cause for the purposes of arraignment). Stipulating to probable cause just tells the judge he doesn’t have to convert the police reports that morning.
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