Los Angeles DUI Lawyer Blog
When a person has been arrested on suspicion of a criminal offense they are usually experiencing an array of emotions. They are scared, worried and stressed out. All they want is the whole ordeal to be over, including the courtroom appearance and they want their case completed. However, rushing to get a criminal case completed is not necessarily the best decision. A quickly closed case can result in long term consequences that are detrimental to the person being charged.
If you have hired a Criminal Defense attorney, they will appear on your behalf at the Arraignment. The Arraignment is your very first appearance in Criminal Court, before a Criminal Judge. At the Arraignment, the Judge will explain the charges against you, the potential consequences you may face and you will be asked to enter a plea of either guilty, not guilty or no contest.
A legal professional will never enter a guilty plea without your consent, and the court will not accept a guilty plea without having informed you of your rights and you having acknowledged that you understand your rights. If a plea of not guilty is entered at the Arraignment then the case will be set for pre-trial.
The reason you hire a Los Angeles Criminal Defense attorney is so they can advise you during the legal process. The plea bargain offered at the Arraignment is a standard offer without any consideration of the specific facts of the case or the person’s criminal background. If the facts of the case are weak and Prosecutor’s case is strong, the attorney may strongly consider accepting the standard offer without highlighting the specific facts of the case at Pre-Trial.
If there is room for negotiation and the Attorney believes that the client willsget a much better outcome through negotiation, they will likely plead not guilty and set for Pre-Trial.
For example, David is stopped for a DUI. His blood alcohol level is .32, as he has had more than few drinks. He does not have any prior criminal record, and he may also have hit a stop sign while driving.
In contract, Dan is also stopped for a DUI. Dan’s blood alcohol level is .09 and he has no prior criminal record. A criminal defense attorney may want to strongly consider taking the standard offer in David’s case so that Prosecutors do not have adequate time to carefully review his file and give a far worse offer. In Dan’s case, the attorney will likely set for Pre-Trial because with proper negotiation it is highly likely that Dan’s case will be dismissed or reduced.
Whether your case will be concluded at the Arraignment really depends on the facts of your case and your criminal background, as well as the Attorney’s advice. It is in your best interest to seek the help of a professional so that you ensure your case is handled in an efficient and expert manner.