Guilty Plea

There are several ways you can be found guilty of a Los Angeles DUI. However, before any guilty verdicts are decided, there must first be an arrest, and a charge. After you have been charged and arrested, you will be given an arraignment date. You must appear in court on this day. This is mandatory, there is no excuse for you not to appear, and failure to do so could result in a bench warrant. The only way you do not have to appear is if you are represented by a Los Angeles DUI Lawyer. If your lawyer meets the guidelines, then they can appear on your behalf.

At the arraignment you will be read the charges against you, the potential consequences and you will be asked to enter a plea. You will also be given a plea bargain. A plea bargain is an offer with usually a lesser sentence if you plead guilty. This is without a trial, without being heard, or without presenting any evidence. This is not always a good idea, and should warrant careful consideration and consulting with a legal professional.

You may enter a plea at this hearing, or ask for a continuance. Continuance may be given by the Judge for up to thirty days to hire an attorney, or to request discovery. Regardless, there are two major ways a plea of guilty may be entered.

When you have been arrested for suspicion of driving under the influence of alcohol or drugs, you are not yet convicted. The prosecutor on your case has to prove that you are guilty beyond a reasonable doubt before you can be convicted and sentenced for your case.

Your first court appearance is called an Arraignment. At the arraignment the Judge will inform you of your Constitutional rights and you will be given a plea bargain. A plea bargain is an offer a prosecutor will make to a defendant. It usually involves a lesser charge or penalty, and the offer is only on the table for the arraignment. If you plead guilty and accept the offer, your case will be concluded and you will not have a chance to go to trial.

When you decide to plead guilty, you will be given a Tahl waiver to initial and sign. The Tahl waiver is a very important document and it is highly recommended that you thoroughly review and understand the document before you sign it. If you have a Los Angeles DUI lawyer, it is extremely important that you take the time to sit and review the document with your attorney before you sign and initial it.

Articles Posted in Guilty Plea

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