If I weren’t a Seattle DUI attorney, I probably wouldn’t know much, if anything, about the criminal justice process. I haven’t been in much trouble before (I got a minor in possession of alcohol when I was a kid, but other than that have been in no trouble) and wouldn’t have seen the inside of a courtroom if it weren’t for my job. So I can empathize with the feelings of fear and dread that many associate with going to court when charged with a DUI.
Although it is a long, arduous, and often embarrassing process, it is just that, a process. And for many, if not all, of the people you deal with, it will be a process they’ve been through many times before. And they are there to help guide you through the process (except prosecutors – don’t listen to them!). It is this same way at your arraignment, which is your first court hearing.
Before I get going to far, I want to point out that this article, though discussing arraignment generally, will be discussed from the standpoint of the Seattle, Washington arraignment and what you might expect there. If you are charged with a crime in another state, it is possible that the process may be slightly different. To make sure that you are doing the right thing, if you are charged with DUI in another state, I would consult a DUI attorney in that state before your arraignment to confirm that what I have said applies to your specific situation.
The arraignment is the first opportunity for you to appear before the court. At arraignment, the prosecutor must formally tell you what charges are against you, and must tell the court what charges are against you. If you are in jail following your arrest, your arraignment must be held within fifteen days of your arrest. If you are not in jail, your arraignment must be held within fifteen days of your first court appearance, though your first court appearance is more often than not your arraignment.
When you go to arraignment, if you do not have a Seattle DUI attorney already retained, you will have the opportunity to interview with a public defender. If you want to get private counsel, you will have time to do that (though your arraignment will still occur on that day). At arraignment, the prosecutor will give you a copy of the charges against you (called a complaint) and the judge will ask you some questions regarding your name and address. The court is also required to read you the charges unless you waive this requirement. If you don’t have a lawyer the judge will often read the charges against you. After reading the charges the judge will then ask you how you would like to plead. In almost every instance you are going to want to plead not guilty. If you have a DUI attorney retained you will be pleading not guilty.
Although going into court at any time can be an intimidating situation, arraignments for the most part are purely procedural. Most of your time spent in the courtroom will be waiting to get called up in front of the judge. Once you do get in front of the judge, the arraignment usually takes about five minutes to complete. At that time the judge will set your conditions of release and set your next hearing date, the pretrial hearing.
One of the most important things you may have to face arguing at arraignment is the conditions of release. Typically the conditions of release are not to commit any new law violations and not drive without a valid license. But from time to time an overzealous prosecutor will ask for more stringent conditions of release. If this is the case, then you will want to make sure you have someone helping you (a DUI attorney). What your attorney will tell the judge is that conditions of release are supposed to be set to accomplish two goals: (1) to get you to appear for your next court date; and (2) to keep the public safe from harm. The conditions prosecutors ask for tend to promote neither of those purposes. If faced with this situation, make sure you have someone to represent you (even if it is a public defender just for that hearing).
In the end, your arraignment shouldn’t be a cause for concern or sleepless nights. It is simply the first hearing in the process that will be taking care of your DUI charges. But, like I always say, if you are charged with a crime, make sure you talk to and hire a criminal attorney as soon as possible.
By: Christopher Small