Misdemeanor DUI

Your first appearance before the court will be the arraignment. The arraignment is simply the judge informing you of what offenses you are specifically charged with, and you informing the judge how you are going to plead. The court will not hear any defenses to the case at this time. If you already have a lawyer by the time of the arraignment then you can ask the judge for a continuance to obtain the services of an attorney. The judge will generally not ask you to enter a plea at this time without counsel and will generally give you reasonable time to secure the services of an attorney.

Once our office appears and the plea of not guilty is entered, the court will then set the case down for a pretrial conference. The aforesaid procedure at the arraignment can vary from county to county. For example, in some counties, the court will set the matter for a pretrial conference as well as a jury trial date right at the arraignment. Other courts may set a date for a pretrial conference to explore the possibility of disposition and settlement before setting a jury trial date.

After the arraignment we will be pursuing discovery. The discovery process is available for you to determine what evidence the prosecutor has to prove the charges. We will want to see if the prosecutor can prove all of the elements of the crimes you are charged with committing. If so, then you have to explore any and all legal claims, which may prevent the evidence from being used at the trial.

Once the pretrial motions are heard and ruled upon by the judge, the case should be ready to proceed to trial. Sometimes the court, or our office, will want to set a further date for the purpose of one last pretrial conference. This period of time between the hearing on the motions and the settling date can give the parties one last chance to reevaluate their positions and decide whether or not to run the risk of trial.

Sound confusing? It can be both confusing and frightening if you don't have the proper representation when facing the California Courts. Please click below to select the California county where you need the best possible DUI Defense.

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