Demystifying the DUI Criminal Process - The Arraignment Explained

If I weren't a Seattle DUI attorney, I probably wouldn'tday). At arraignment, the prosecutor will give you a
know much, if anything, about the criminal justicecopy of the charges against you (called a complaint)
process. I haven't been in much trouble before (I got aand the judge will ask you some questions regarding
minor in possession of alcohol when I was a kid, butyour name and address. The court is also required to
other than that have been in no trouble) and wouldn'tread you the charges unless you waive this
have seen the inside of a courtroom if it weren't forrequirement. If you don't have a lawyer the judge will
my job. So I can empathize with the feelings of fearoften read the charges against you. After reading the
and dread that many associate with going to courtcharges the judge will then ask you how you would
when charged with a DUI.like to plead. In almost every instance you are going to
Although it is a long, arduous, and often embarrassingwant to plead not guilty. If you have a DUI attorney
process, it is just that, a process. And for many, if notretained you will be pleading not guilty.
all, of the people you deal with, it will be a processAlthough going into court at any time can be an
they've been through many times before. And theyintimidating situation, arraignments for the most part are
are there to help guide you through the processpurely procedural. Most of your time spent in the
(except prosecutors - don't listen to them!). It is thiscourtroom will be waiting to get called up in front of the
same way at your arraignment, which is your firstjudge. Once you do get in front of the judge, the
court hearing.arraignment usually takes about five minutes to
Before I get going to far, I want to point out that thiscomplete. At that time the judge will set your conditions
article, though discussing arraignment generally, will beof release and set your next hearing date, the pretrial
discussed from the standpoint of the Seattle,hearing.
Washington arraignment and what you might expectOne of the most important things you may have to
there. If you are charged with a crime in another state,face arguing at arraignment is the conditions of
it is possible that the process may be slightly different.release. Typically the conditions of release are not to
To make sure that you are doing the right thing, if youcommit any new law violations and not drive without a
are charged with DUI in another state, I would consult avalid license. But from time to time an overzealous
DUI attorney in that state before your arraignment toprosecutor will ask for more stringent conditions of
confirm that what I have said applies to your specificrelease. If this is the case, then you will want to make
situation.sure you have someone helping you (a DUI attorney).
The arraignment is the first opportunity for you toWhat your attorney will tell the judge is that conditions
appear before the court. At arraignment, theof release are supposed to be set to accomplish two
prosecutor must formally tell you what charges aregoals: (1) to get you to appear for your next court
against you, and must tell the court what charges aredate; and (2) to keep the public safe from harm. The
against you. If you are in jail following your arrest, yourconditions prosecutors ask for tend to promote neither
arraignment must be held within fifteen days of yourof those purposes. If faced with this situation, make
arrest. If you are not in jail, your arraignment must besure you have someone to represent you (even if it is
held within fifteen days of your first court appearance,a public defender just for that hearing).
though your first court appearance is more often thanIn the end, your arraignment shouldn't be a cause for
not your arraignment.concern or sleepless nights. It is simply the first hearing
When you go to arraignment, if you do not have ain the process that will be taking care of your DUI
Seattle DUI attorney already retained, you will have thecharges. But, like I always say, if you are charged with
opportunity to interview with a public defender. If youa crime, make sure you talk to and hire a criminal
want to get private counsel, you will have time to doattorney as soon as possible.
that (though your arraignment will still occur on that