DUI Information

First Court Appearance

Your first appearance in California court is termed an Arraignment.  An arraignment is the first time you appear in court when facing a misdemeanor or felony.  The defendant will by formally charged at the arraignment, notified of the charges, and provided with copies of initial discovery materials such as police reports, lab result reports, witness statements, and other related materials.  First appearances are very important because decisions as to which judge will preside over the case need to be made.  Defendants with prior offenses should be aware that at the first appearance the judge may set bail or take the defendant into custody if he/she was on probation when the new offense occurred.

At your arraignment it is prudent to plead “not guilty”.  A common misconception exists that pleading “not guilty” at an arraignment can upset the judge presiding over the case.  Typically this is not true.  It is absolutely necessary that you consult with an experienced attorney and plea not guilty if charged with any sort of misdemeanor or felony offense.

Also it is important to note that California has an Administrative Suspension Law.  You will lose the right to challenge a suspension of your drivers license unless you submit a request for a hearing within ten days of the arrest.  If you are being represented by an attorney, you should have your attorney make the hearing appointment.  It is important that you make sure an experienced attorney handle your hearing as they deal with very specific rules of evidence.  If you are not being charged with a felony, your attorney may attend the court hearing for you.  Click here if you need information on probation violation.

For information on expungement – cick here, or check here for some more Resources.