San Diego DUI Arraignment Attorney

Understanding The California DUI Arraignment Process

An arraignment court proceeding is the initial stage in the criminal legal process. It happens after your DUI arrest, booking, and bail stages. During an arraignment, the following occurs:

• You will be officially charged with an offense and informed of your legal rights and protections.
• You will discover the exact charges that the prosecution has brought against you.
• The defense lawyer will fight any court orders that might apply to you
• You will take a first plea

During your court arraignment, you will be informed of your legal rights as follows:

• The constitutional right to legal representation
• The legal right against incriminating yourself
• Your entitlement to cross-examine witnesses
• The legal entitlement to a speedy trial
• The constitutional right to reasonable bail

These are the available pleas during an arraignment, including:

• No contest
• Not guilty
• Guilty
• Not guilty because of insanity
• Double jeopardy

Upon your attorney’s request, the presiding judge should proceed with your arraignment hearing within a reasonable time.

The judge can determine, adjust, or exonerate bail during your arraignment hearing.

The arraignment proceeding happens after the prosecutor files official charges. Eventually, you could be prosecuted for at least one of these crimes:

• Misdemeanors — Punishable by a maximum of a year in California county jail
• Felonies — Punishable by a prison sentence
• California infractions — Do not carry imprisonment as a penalty

The court procedures for an infraction arraignment are similar to those for a misdemeanor. The vital differences when facing an infraction allegation include:

• You are ineligible for a court-designated attorney
• You are disqualified for a trial by jury

When to Expect Your Felony DUI Arraignment to Occur

There are two arraignment court hearings during the lifetime of a California felony. One takes place during the beginning of criminal case proceedings. On the other hand, the subsequent arraignment happens following the preliminary court proceeding if the hearing’s outcome is detaining you so you can answer your charges. The section below focuses on your initial felony arraignment court proceeding.

If you have violated a crime requiring you to stay in custody, your arraignment should happen within forty-eight hours after an arrest, excluding holidays and weekends. The timeframe determines when law enforcement and the prosecution must present you in court.

Based on the case facts, the court sometimes considers making an accused person wait forty-eight hours unreasonable. This is a matter that a defense lawyer can explore and contest.

If there is a delay or impediment between the arrest and arraignment, the unreasonable delay changes the otherwise legal arrest into an illegal detention. It could lead to police misconduct, which may give you the right to pursue civil damages/compensation from the police agency for unlawful imprisonment.

Nevertheless, the illegal detention does not lead to your case’s dismissal unless the following applies:

• The unreasonable delay denied you the right to justice
• The delay subjected you to some form of unfair injury or prejudice.

Suppose your arraignment is due to a felony DUI crime, and it is not compulsory to stay in jail. In that case (the police released you immediately after the arrest or upon posting bail), the law enforcers should arraign you promptly without any unnecessary delay.

When Does a California Misdemeanor Arraignment Court Proceeding Happen?

The forty-eight arraignment rule alludes to every offense requiring an accused to stay in custody, whether you are facing a felony or a California misdemeanor. Police release many suspects after their misdemeanor arrest. In this case, your misdemeanor arraignment court hearing will not happen at least 10 days after your arrest.

When Can a Criminal Defense Advocate Appear on the Defendant’s Behalf in Court?

If you are charged with a California felony crime, you should physically attend court at an arraignment court proceeding and many other court hearings. However, there are certain exemptions that either:

• Permit you to make a court appearance through an audio or video conference (video court)
• Excuse you from appearing in court if you submit a waiver and the California judge grants your waiver request.

If the prosecution charged a person with a California DUI misdemeanor crime, their defense lawyer could show up in court on their behalf unless the crime involves aggravated crimes involving a California DUI, including:

• California DUI causing injuries (Vehicle Code 23153)
• Vehicular manslaughter while intoxicated (Penal Code 191.5b)

Penalties For Skipping Your Court Hearing

If you or a lawyer representing you skips court, the California court will issue a bench warrant against you. The bench warrant authorizes police officers to apprehend and present you directly before a judge.

If you do not show up in a California felony case, this could result in subsequent felony charges. Failing to attend your court proceeding for a misdemeanor DUI case attracts another misdemeanor.

You must appear in person at your arraignment hearing for particular misdemeanor crimes, even when you have legal counsel. These offenses include some DUI- or drunk-driving-related criminal charges.

In California felony charges, you should appear at the arraignment court hearing. If the police have detained you in their custody, the law permits video arraignments.

Relevant Documents You Should Have During An Arraignment Court Hearing

It helps to have a lawyer and any paperwork law enforcement, holding jurisdiction, or bail bond company gives you. You should also carry any evidence or documents to build your case defense. You could leave your arraignment hearing with the following:

• Copies of the law enforcement report relating to your legal issue
• Copies of the official complaint that the prosecution brought against you
• A potential offer for your case’s resolution

Remember, the California arraignment hearing is the prosecution’s opportunity to notify you of the criminal charges the prosecution has filed against you. Additionally, it is their initial chance to recommend an offer, which are the penalties they are pursuing for your DUI offense(s).

When To Enter Your Plea

Your arraignment hearing offers the first chance to accept a plea offer in your DUI case. Whether you will enter a plea or choose to go to trial will depend mainly on your case facts. You can accept any of the following pleas:

• No contest — It is the same as a guilty plea. However, unlike the guilty plea, a no-contest plea should not be presented as proof against you if a civil legal matter stems from this DUI incident.
• Not guilty — If you plead not guilty, the case will advance to the California pretrial phase.
• Guilty — If you make a guilty plea, your case will advance to the California sentencing hearing, and every stage of the criminal judicial process will be limited to post-conviction matters.

Although many suspects with legal counsel do not enter a no contest or a guilty plea at the arraignment stage, acting so in some cases is tactically recommended. It helps to enter a no-contest or guilty plea to avoid prosecution for more severe, uncharged crimes.

Can the Judge Reduce the Set Bail Amount?

The judge can make a bail reduction. However, this matter might be set aside and contested at an official bail hearing, which the judge could schedule within a week after your request.

The law defines bail as the cash that a California court requires a defendant to post as an assurance that they will appear in court. The bail amount varies depending primarily on the alleged crime. Every California county’s bail schedule determines the bail amount for different offenses.

You can request that the presiding judge adjust the bail amount if you believe the judge should release you without paying anything (own recognizance (O.R.)) or set your bail too high.

The California Bail Hearing Process

Suppose the court considers the bail issue during your arraignment proceeding or at another court hearing. In that case, it will assume that you violated the drunk driving laws and decide based on that assumption. The California judge will then consider the following:

1. Whether you can flee the jurisdiction
2. Whether you are a potential danger to the community
3. Ties to the community

Upon consideration of these case factors, the court could decide to do the following:

• Maintain the determined bail amount
• Adjust the bail by lowering or increasing
• Release you on an O.R. release

Release On Own Recognizance

If the court grants you a recognizance release, it implies that the judge has reason to believe you will honor your court appearances as required. It is a common phenomenon among first-time California misdemeanor offenders.

Suppose you fail to obtain your own recognizance release and cannot manage to post. In that case, the law requires the court to flee you unless there is apparent and compelling proof that holding you is vital to protecting the general public’s safety.

Dropping of Criminal Charges During An Arraignment

Courts do not dismiss criminal charges during an arraignment hearing. While the California prosecutors could dismiss your charges if there are convincing reasons to act so, they hardly do so for felony or misdemeanor offenses.

What to Expect During Your Court Hearing: Preparing for Your Arraignment

Preparing for your court proceeding in advance increases your chances of obtaining a favorable case outcome. Here are some ways to go about it:

Dress Conservatively, Respectfully, and Professionally

Your dressing style should demonstrate respect for the court and the judge. Dress as if you are going to a business meeting, church, or an interview. It is okay if you do not have a suit; just dress well and cover your tattoos. Women should have non-distracting hairstyles and conservative make-up, while men should be shaven and well-groomed.

Since the courtroom’s HVAC can be unpredictable, carry a layer or dress to have your jacket on and off.

Avoid wearing:

• Hats
• Shorts
• Flip flops
• Clothing that exposes your undergarment or midriff
• Torn or ripped jeans
• Clothing with words that promote inappropriate or unlawful conduct
• Clothes that promote or show unlawful substance abuse, profanity, sexual conduct, or violence

Know the Courtroom’s Location

You could miss your hearing if you are late. The judge can decide the verdict if they think you are not coming. Therefore, plan to arrive early and think about traffic and the parking lot.

You can save the court clerk’s contact details. In an emergency, you can always call them and tell them you could be late.

Where to Go After Arriving at the Courthouse

When you arrive at your arraignment building, you should first go to the District Court probation office if the legal matter is in District Court (judges schedule most criminal cases here). The courthouse’s name is on the paperwork or in the mail you received following your DUI arrest. If you do not have the paperwork, you can walk into the courthouse information desk and see the list of criminal cases lined up for the day and their location.

After you are in the right probation office for the court handling your DUI case, a probation officer will take you through an intake interview. The officer will ask you questions about your financial status and identifying information. Based on these details, the officer will check your criminal history and determine your eligibility for a court-appointed attorney. The judge will also use this information to decide whether or not you have an outstanding warrant and whether to impose bail.

After your interview, the officer will guide you to the courtroom, where the arraignment is scheduled.

What to Do After Entering the Court

Enter the court and sit in front.

Listen for a court assistant district attorney (D.A.) to call your name. They can mispronounce your name; therefore, be attentive. When the officer calls the name, respond “Present” loudly. If you fail to answer, the court will consider you absent. If the officer fails to call your name, inform them during the initial break or recess. You could be in an inappropriate courtroom.

How to Conduct Yourself in Court

The courtroom has rules posted outside. Here are some of the basic rules:

• Do not carry beverages or foods
• Ensure your phone is silent or turned off
• Do not carry children to the courtroom
• Do not put on sunglasses or a hat
• Do not interrupt the prosecution team or the judge. Wait until it is your turn to talk.

Listen attentively and answer the questions the court asks. Do not delay or evade answering the court’s questions to discuss another matter. Ensure your answers are short and precise.

Address the judge as “Your Honor.”

Stay composed; it demonstrates that you are a reasonable and rational individual. On the other hand, crying and being emotional show your lack of restraint and control and can hurt your case.

What to Do After Your Court Hearing

After your DUI arraignment hearing, remain composed, irrespective of the case outcome. Remember to thank the court personnel and judge for their time.

Request your criminal defense attorney to debrief you before leaving the courthouse. That way, you will understand what happened in court and the course of action.

Why You Need a Competent Defense Attorney

Irrespective of how well-educated or intelligent you are, the California judicial system can be complicated, making it challenging to self-represent yourself effectively. Every criminal case is unique, and only an experienced defense counsel can assess your case facts and offer the representation you need to receive justice.

Here is what your defense attorney can do:

• Engage in negotiation deals with the prosecution, often arranging for lesser sentences and reduced criminal charges.
• They will develop sentencing programs designed to meet your needs. (The programs can help you avoid future brushes with the California criminal judicial system).
• Your attorney knows the unwritten local court procedures and customs. For instance, they know the correct arguments to appeal to a particular prosecutor.
• They understand the potential hidden cons of accepting a prosecutor’s plea offer.
• Your attorney can dedicate time to your DUI case that you cannot afford to spend. Typically, defendants who engage attorneys have employment or businesses and might lack the energy or time to collect and analyze evidence, interview witnesses, and conduct legal research.
• Your attorney can collect information from the prosecutor’s witnesses.
• Engage experts — Depending on your case facts, you might require a professional to challenge the breathalyzer test results. Your legal counsel has a network of experts they can hire if needed.
• Challenge your case evidence — The law enforcers might not have complied with the procedures and laws for collecting the DUI evidence. Your skilled San Diego defense attorney should identify these issues and bring a court motion to suppress the unlawfully acquired proof. If the prosecution can prove that you drove your car while drunk beyond any reasonable doubt, the court can reduce your charges or dismiss them altogether.
• Offer a reality check — After the attorney has reviewed your case facts, they should provide a realistic analysis of the possible case outcome. That way, you can make informed decisions.

Frequently Asked Questions

Some of the commonly asked questions the knowledgeable legal team at Law Offices of Anna R. Yum has answered include the following:

1. Can You Negotiate with the Prosecution Before Your DUI Arraignment?

Yes, it is. However, this possibility is only available to defendants with legal representation before arraignment.

You can derail your case for the following reasons:

• To expose a weak criminal case — The prosecutor is responsible for reviewing cases to ensure evidence of guilt and the prosecution is in the interests of justice. Nevertheless, the caseload is often so heavy that analysis is cursory, and weak criminal cases slip into the pipeline. If your defense attorney can persuade the prosecution of the case gaps, the court can dismiss the case.
• There are no case investments so far. Before your arraignment, the prosecution office had yet to dedicate time and resources to the case. That way, it is easier to let go of weak cases.

2. Can the Prosecution Charge You Again for a DUI Case the Court Dismissed at Arraignment?

The U.S. double jeopardy right protects you from being tried twice for the same criminal charges.

However, provided the statute of limitation (the duration the prosecutor must file the defendant’s drunk driving case after violating the law) has not elapsed, the police can rearrest a person whose court dismissed their case at arraignment.

Regarding the double jeopardy right, the court does not deem you “in jeopardy” until your trial begins.

3. What Happens If You Refuse to Enter a Plea?

The judge will enter a not-guilty plea if you refuse a plea. The judge can attempt to understand why you would not plead and persuade you to do so.

Your case can proceed to trial if you persistently refuse to plead.

4. What Happens After Your Arraignment Court Hearing?

If the court fails to dismiss your DUI charges during your arraignment, your case will enter pretrial. Pretrial includes events that happen before your trial. They can consist of the following:

• Your defense attorney brings motions to the court
• The discovery phase, where your defense attorney and prosecutor exchange evidence
• Plea bargain negotiations