West Palm Beach DUI arraignments are formal hearings for the Court to advise a person of what they have been charged with so that the person can enter a formal plea. A public defender can be appointed to the defendant if they have not already hired skilled criminal representation for their case. Arraignments are considered a due process hearing where the government is giving a person notice that they are being charged with something, they are being given an opportunity to object to those charges.
What happens in the time between a person’s DUI arrest and their arraignment is that the case, the paperwork, the DVD, the evidence, whatever that was gathered during the investigation that led to the DUI arrest is then submitted to a prosecutor for a review. The prosecutor’s job is to make sure that there is sufficient evidence where the person, the prosecutor, feels on good faith that there is enough evidence where a jury could or would convict the person of a crime. If the prosecutor feels that there is not sufficient evidence, the prosecutor can actually drop the charges before the arraignment.
In between the time a person gets arrested and their arraignment, the prosecutor is going to review the case and decide whether or not it is a good enough case for them to prosecute. Attorneys typically gather information and make contact with the individual prosecutor who has been assigned to inquire if charges will be filed.
An attorney may find success in getting charges dismissed during West Palm Beach DUI arraignments by bringing relevant evidence to light. It is a very important time to be proactive because during that time, the prosecutor’s office is going to make a decision whether or not to bring the case to court. Just because a person is arrested doesn’t mean the person is going to be prosecuted. The decision will be made during the time between the arrest and the arraignment.
The only reason they would need to appear at their arraignment is if they want to plead guilty to the charge at the first opportunity. An attorney won’t recommend that because that is not typically where the person is going to get the best deal. It is not the time to get the best options. They need to fight it a little bit and if they don’t get any better, they are not going to get any worse. Typically, if a person hires a West Palm Beach DUI lawyer, typically, they do not need to be at their arraignment. None of our clients do, but they can’t speak for every other lawyer.
The role of the attorney during West Palm Beach DUI arraignments is to potentially enter the plea on behalf of the person they may represent. Typically, the lawyer does not have to physically go to court to do that. That is done by filing pleadings, filing a written waiver of the arraignment, a written plea of not guilty, a written demand for discovery to see all of the evidence against the client and a written demand for a trial. It does not mean the person is going to have a trial but that is what the role of the attorney is to protect the client’s initial rights and get the case moving.
Leifert & Leifert Criminal DefenseNA