Arraignment DUI - Affordable Phoenix and East Valley DUI Lawyer
Arraignment DUI | Phoenix DUI Case Stages | DUI Lawyer Phoenix AZ
DUI Case Stages in Maricopa County
Following a DUI arrest, and Initial appearance, your Arraignment takes place. Your Arraignment date, time, and location will appear on the citation you were given by the police after your arrest. This is the next scheduled court date after your initial appearance. . It is general 30 to 60 days following your DUI arrest.
Arraignment (Rule 4. of Arizona Rules of Criminal Procedure)
The purpose of the arraignment is for the court to read your formal charges again, inform you of your rights; confirm your identity; and find out how you wish to plea. The pleas that may be entered are:
- Not guilty;
If you plead "Guilty" you are admitting guilty for the charges and ascertaining that there is no legal defense for your actions. You also waive your right to securing a criminal attorney to defend you. It also means that you agree to accept the sentencing and penalties ordered by the judge. For misdemeanor DUI sentencing will take place at that time. For felony or aggravated DUI charges, sentencing will be scheduled by the judge for a future date and time, usually about 30 days out.
If you plead "No- contest", it is similar to a "Guilty" plea accept that you are not admitting guilt. This plea is not often used. It is also referred to as "Nolo Contendere". It holds that you do not wish to defend or challenge the charges, and will accept the penalties and sentencing imposed by the court as recommended by the prosecution. For misdemeanor DUI sentencing will take place at that time. For felony or aggravated DUI charges, sentencing will be scheduled by the judge for a future date and time, usually about 30 days out.
If you plead "Not Guilty" you ascertain that you wish to invoke your right to defend your charges you be retaining a criminal defense attorney to legally represent you. Pleading "Not Guilty" will preserve your right for an attorney to defend your charges. The presiding judge will then set the next scheduled date for a pre-trial conference or a trial date. Most criminal attorneys will advise you to plead Not Guilty whether you have retained one at that point or not.
If you have not retained legal representation or notification from the court to the contrary, you must appear for the Arraignment. "Failure to appear" will result in a warrant for your arrest (A.R.S. 13-2506 & A.R.S. 13-2507).
DUI Arraignment Lawyer - Experienced DUI Defense Phoenix Arizona
You should always consult a criminal defense attorney before you decide to plead guilty for any DUI or criminal charges. It is rarely if ever, a good idea to waive your right to a defense by pleading "Guilty". You should obtain as much information as possible so that you fully understand the consequences of pleading guilty. In most cases, criminal defense lawyers will advise you to enter a "Not Guilty" plea at your Arraignment. If you have not yet retained a DUI attorney to represent you in your matter, you still have the option of doing so, after you enter entering the "Not-Guilty" plea. For some DUI charges, such as Misdemeanor DUI charges, the Law Office of James Novak will request that the court vacate that Arraignment. James Novak, DUI and criminal defense attorney will then file your plea with the court; along with notice of formal representation and notice of your defenses. He will then begin working on your case immediately to defend your charges and to pursue the most favorable outcome in your matter. For legal representation for your Tempe DUI charges, Call (480) 413-1499. today!