What is an Arraignment Hearing?
If you are arrested for driving under the influence, chances are that you will need to appear before a judge in a first trial called an arraignment. Formally defined, an arraignment is a court appearance where a defendant is formally charged with his or her crimes and asked to respond by entering a plea.
Normally, people will claim not guilty at their arraignment, You have the right to remain silent until you have an attorney to stand beside you and advocate on your behalf at your arraignment.
This is why it is important to have an attorney in mind just in case you are arrested for a crime. Being arrested for a DUI can be somewhat of a whirlwind, and unless you have research prior to your arrest, chances are that you may end up with a state attorney that is not compassionate about your case and is not working with our best interest in mind.
Plea and Arraignment
The main point of an arraignment is to ask you to plead your charge guilty or not guilty. Also at this time the amount of your bail is set if that is necessary. If you do not have a lawyer and do not wish to represent yourself, the court may appoint you a lawyer at your arraignment.
Once again, it is always best to locate an aggressive and caring attorney to help you, rather than working with a lawyer assigned by the state at your arraignment. If possible, you should have your attorney come to your arraignment to assist and represent you in this crucial first stage of your case.
If you were charged with a misdemeanor and will not be held in jail overnight, then chances are that you will be released from jail at the arraignment if you declared that you are guilty of your crime. At your arraignment, you can make a plea that can be altered later. For example, if you plea not guilty at your arraignment, you will still have the opportunity to change this plea to guilty in the future. In most states, you can insist on a jury trial for your case if you would prefer.
If you are released from jail after your arraignment, then you have the right to plead guilty as charged, ask for a trial before a judge, or demand a jury trial after your case. Talk to an attorney at the Law Office of Michael Mirer today if you want more information about DUI representation or if you are interested in securing a Miami criminal defense attorney to help you with your case and prove your innocence before the courts.