Seattle DUI Process – The Arraignment

Posted on 2009-09-23, 03:50, by Smalls, under Law.
Knowing What to Expect is Half the Battle in the Criminal Process

Knowing What to Expect is Half the Battle in the Criminal Process

Getting a Seattle DUI sucks. And it sucks for several reasons. First, getting a DUI taken care of is going to take quite a bit of money. Second, getting a DUI taken care of is going to take quite a bit of your time. And finally, getting a DUI is often the first true criminal activity that many people experience, making it a scary and intimidating experience. Today I'm here to address the third sucky thing about DUI, the DUI process. And even more specifically, I'm here to describe your first hearing after being charged with DUI – the arraignment. By the time I'm done with this, you should feel fairly comfortable with the idea of an arraignment, know what to expect, and know how to navigate it if you haven't yet hired a DUI attorney.

Before I begin, however, I do want to insert a word of caution for those of you reading this article. I am a Seattle DUI attorney, which means I know a lot about Seattle DUI law and Washington DUI law and procedure, but not much about other states. For the most part this information should translate from state to state, but there may be some key difference you would want to know about before going to court. With that being said, I would caution you to contact a lawyer in your state before venturing out into the great unknown that is the criminal justice system in your state.

There are five primary purposes to the DUI arraignment: (1) getting you in front of the court to get your case started; (2) letting you know what charges are being made against you; (3) apprising you of your Constitutional rights; (4) entering your plea in the case; and (5) setting your conditions of release until your next hearing. Each of these purposes is important in their own rights, but in the end, only one can actually negatively effect you moving forward (conditions of release, which we'll discuss in a bit). But for now, sit back, relax, and put your mind at ease by learning a little bit about criminal procedure and what you will likely be facing if charged with a Seattle DUI.

DUI Arraignment Purpose 1 – Introducing Yourself to the Court

Like most anything else, a criminal case has to start somewhere. And the starting point (if you don't count the arrest, obviously) is the arraignment. Now, the rules differ a little bit from state to state, but generally speaking the state, city, or county, whichever body is prosecuting you, must bring you in front of the court for arraignment to get the case started in the criminal justice system. And the time for getting the case started depends on if you are out of jail or in jail.

If you are out of jail, the prosecutor must bring you before the court to face your charges within fifteen days of your first court appearance. In reality, this means your first court appearance is usually your arraignment. This also means that as long as you are not in jail and the statute of limitations for bringing an action haven't passed, the prosecutor can wait as long as they want before charging you. For example, I've seen people charged with Seattle DUI over six months after having been pulled over and investigated for it. Usually the summons (the thing that tells you you need to come to court) is served just about when you think the whole thing should be over).

If you are in jail, the prosecutor must bring you before the court within fifteen days of your arrest. This is supposed to prevent the state from holding you in jail too long without being formally charged with anything or having any way to get out of jail. If this rule is not complied with, it is possible to get the charges dismissed without prejudice, which means the prosecutor could refile whenever they wanted to.

DUI Arraignment Purpose 2 – Reading the Complaint

The second purpose of a DUI arraignment in Seattle is to let you know what you have been charged with. Sometimes this is referred to as a formal reading of the complaint. When you get to court and your name is called up by the judge, the prosecutor will often hand you a copy of the complaint listing the charges against you. And just as often, if you have a Seattle DUI lawyer with you, the formal reading of the complaint will be waived, and the judge will simply ask you if you are aware of what you have been charged with. If you want to take up a lot of the court's time and get the other fifty people in the courtroom waiting to be called up mad, ask for the complaint to be read formally. Otherwise, don't worry about it.

DUI Arraignment Purpose 3 – Knowing Your Rights

Knowing your Constitutional rights is one of the most powerful weapons in your war chest when facing criminal charges. It gives you certain powers that are far greater than anything the prosecutor has. But if you don't know about them, and many people charged with a Seattle DUI for the first time don't, they are useless to you.

To make sure you know them, the court has taken steps to let you know what your rights are and record the fact that you have been informed of your rights in case future problems arise. Generally, these rights are: (1) the right to an attorney, if you can't afford one one will be appointed to you; (2) the right to remain silent; (3) the right to a jury trial; (4) the right to confront your accusers and call witness on your behalf; (5) the right to plead guilty or not guilty to the charges; and (6) the right to a trial within 90 days of your arraignment. It is important to know the rights and exercise them, because failing to do so could really hurt you down the road.

For example, I see time and time again defendants at arraignment go up to prosecutors and begin to tell them the entire story behind their charges to ask them a question about what is going on. Most of the time the prosecutors are good about letting defendants know they can't help them, but I just want to scream at them to shut up because they are hurting their own cause. Your silence is golden, and you should never talk to the police about your actions when you might be charged with a crime.

I'd highly recommend that you ask questions about your Constitutional rights if you don't understand them. It can make a huge difference in your case.

DUI Arraignment Purpose Four – Entering a Plea

This one is real short. No matter what crime you are charged with, and no matter whether you have a criminal attorney with you or not, always enter a plea of not guilty at your arraignment. You can figure out everything else later.

DUI Arraignment Purpose Five – Conditions of Release

Of all the things you really need a good Seattle DUI attorney for, this is probably it. Because if any crap is going to hit the fan during your arraignment for DUI, it will do so at this point in the process. With that being said, however, most of the time this goes off without a hitch. Only special circumstances usually warrant a discussion of changing the usual conditions of release.

When you are released from court after being charged with a crime, the court has a duty to do two things if they are going to let you stay out of jail while the charges are pending: (1) make sure you show back up to court; and (2) keep the public and the victim of your alleged crime safe. In most DUI cases, this means letting you go without any bail so long as you promise to show back up for court, promise not to commit any other law violations, promise not to drink and drive, and promise to consent to a breath test is asked to take one by a cop who has a good reason to believe you are DUI. In some cases, however, the prosecutor will ask for special conditions of release (if you have numerous DUIs or a high blood alcohol test level). These can include house arrest, scram bracelet (which monitors your alcohol level at all times), and an interlock ignition device, among other things. And if at all possible, these are conditions that you do not want to have to deal with. And the thing is, if you can point out to the court that these don't accomplish the goals of conditions of release, the court will often agree not to impose them.

Bottom line, a Seattle DUI arraignment isn't that scary of a thing. It is, for the most part a procedural thing utilized to accomplish the five purposes outlined above. With that being said, however, you will be able to rest much easier if you hire a Seattle DUI attorney to help you out before going to arraignment. In some cases you won't even have to say a word at your DUI arraignment.

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