Los Angeles DUI Lawyer Blog

When you have been arrested for suspicion of driving under the influence, you will be given a court date to appear before a Criminal Judge. The law presumes that you are innocent until you are proven guilty beyond a reasonable doubt and it will be the Prosecutor's job to prove that you were intoxicated while driving.

The first appearance made before the Criminal Judge is called an Arraignment. During the arraignment the Judge will read you the charges and will ask if you would like to plead guilty, not guilty, or no contest. If you plead guilty or no contest, you will be read a DUI Advisement of Rights, Waiver and Plea form. You must read this form carefully and initial each statement.

In the form, there is an explanation as to your Right to an attorney. It explains that you have a right to an attorney to represent you throughout the proceedings. This is a right granted to you by the Sixth Amendment of the United States Constitution. This right ensures that each person is protected and properly represented before the Judge when they are being tried for criminal charges. It helps avoid any wrongful judgments being entered because the person being tried improperly handled their case or proceedings.
It is a right that is taken very seriously, and therefore must be read to the person standing before the Judge and they must fully indicate that they understand they are giving up this right.

If a person cannot afford an attorney, an attorney will be appointed to them. Public Defenders working in the courthouse help represent clients who cannot afford to hire a private defense attorney. However, public defenders have a high volume of cases and can only do their best in giving the attention necessary to each one. A private attorney does not have to take every case that comes into their office, they may take on only the amount of cases they can competently handle and provide the best possible representation for.

The DUI Advisement of Rights, Waiver and Plea form also explains that if the person is giving up their right to an attorney and is pleading guilty or no contest, they understand that there "are dangers and disadvantages to giving up [their] right to an attorney, and that it is almost always unwise to represent [themselves]".

This statement is very accurate. Entering a plea before retaining or even consulting with a criminal defense attorney may take away your constitutionally protected rights. A knowledgeable Los Angeles Criminal Defense lawyer has handled thousands of DUI cases and will be able to tell you if entering a guilty or no contest plea is the best option for you. There are many available defenses as well as negotiations that may reduce your penalties or possibly even help dismiss your case.

It is each person's right to be heard by a court of law, and be given a fair trial before they are found guilty of a criminal charge. In interest of these rights, when a person is arrested and charged with a potential DUI, they are ordered to appear before a criminal judge. They will not be found guilty of any criminal charge unless prosecutors can prove that there is guilty beyond a reasonable doubt.

The first appearance is called an Arraignment. During the arraignment the Judge will read the charges and ask if the person being tried would like to enter a plea. You can plead guilty, not guilty or no contest. If you plead guilty or no contest, you will be given a DUI Advisement of Rights, Waiver and Plea form. You will be asked to read over each provision carefully and initial by each statement.

The advisement assures that you are aware of the rights you will be relinquishing when you plead guilty or no contest. It also confirms that you have been advised of the potential consequences you may face as someone who has been found guilty or have not contested driving under the influence charges against you.

The Advisement first and foremost explains to the signer that they have a right to an attorney. If they cannot afford an attorney, a public defender will be provided to them by the government. It also informs the signer that representing oneself has many disadvantages and that it is highly recommended that an attorney represent them.

The second section discusses the different types of charges pertaining to a DUI and the signer is asked to review the charge and the code section and initial in agreement. The Advisement continues to discuss the Constitutional rights a person gives up when they plead guilty or no contest. They relinquish rights to a trial by jury, and they will not have the right to confront a witness. Additionally, by pleading guilty or no contest without any findings from the court, they are giving up their right to self incrimination. And they waive their right to produce evidence so that the facts and evidence can be heard before the court makes a decision.

The form also explains the statutory penalties for each charge relating to a DUI, including reckless driving. It goes through the penalties and consequences so that the court can assure the person pleading has fully understood their rights and the possible penalties.

The Advisement form is a simple 4 page form, but carries with it a heavy forfeiture of rights. Although the Judge will explain each statement in detail, you will not fully understand the consequences that you may face. It is important to consult with a DUI specialist who can provide you with a detailed explanation and discuss with you how to reduce the potential penalties.