The first formal hearing in a Washington State DUI case is called an "Arraignment". An Arraignment notification will either be given: (1) on the bottom of a DUI citation received at the time a person is released from custody, or (2)
via a summons received via U.S. Postal Service weeks or months after
the date of a person's arrest. In either situation, a person facing a
DUI charge in Washington State should not expect to receive more than 3
or 4 days advanced notice of his arraignment date and his initial
appearance.
Although Arraignment notices provide for a specific date and time to
appear in court, this is not specific to any one individual; in other
words, that date and time is scheduled for a number of "defendants"
facing criminal charges, some or all of which may be for DUI.
Arraignment calendars typically have at least 40 to 50 people scheduled
for court on the same date and for the same time. The atmosphere is
chaotic and stressful. In fact for people experiencing the justice
system for the very first time, an Arraignment can be quite intimidating
and even terrifying. Once a person's case is formerly called,
however, the actual Arraignment process moves fairly quickly, and even
quicker if a defendant has a seasoned Seattle DUI attorney representing him.
Upon arrival at the Arraignment, a defendant will be asked to review and sign a "Notice of Defendant's Rights at Arraignment"
form. This is a form that notifies a defendant of his rights while
going through the court process; the person is simply acknowledging the
rights he has, nothing more. Eventually the judge will call each
"defendant" individually before the court. Thereafter either the judge
or the prosecutor will ask questions to ensure the person before the
court is actually the Defendant and that he understands the nature
of the charge against him. A plea of "guilty" or "not guilty" is
thereafter entered by the defendant. A DUI defendant should always
initially enter a plea of "not guilty." Driving Under the Influence in
Washington State is a serious criminal charge that carries with it very
serious penalties. A plea of "not guilty" gives a defendant time to
meet with a qualified Seattle DUI lawyer and carefully consider his rights, strategies and potential defenses to the charge pending against him.
During the Arraignment proceeding, the presiding judge will review a statement submitted by law enforcement called an "Affidavit of Probable Cause" to determine whether facts exist to impose conditions of release pending the outcome of the case. "Conditions of release" are conditions a defendant is required to comply with in order to remain out of custody while his case is pending. These conditions may include, but are not limited to: (1) not consuming alcohol, (2) not driving without a valid license and/or insurance, and (3) not
driving with an alcohol concentration of .08 or greater. Courts and
judges vary in the types of conditions of release imposed on those
individuals accused of committing DUI in Washington State, some judges
and courts are more strict than others. Finally, the presiding judge
will issue a new court date to the defendant for a Pretrial Hearing
and/or Readiness Hearing; this completes the Arraignment process.
Generally speaking, a Washington State DUI
Arraignment is a fairly routine and mundane court hearing. In fact, if
the Arraignment was for some other type of criminal charge the court
may even permit the hearing to be waived altogether. Getting a Seattle DUI Lawyer
involved prior to an Arraignment can calm nerves and help the legal
process proceed smoothly. It is therefore important that someone
accused of DUI take the time to fully discuss his case with a Seattle
DUI attorney before appearing in court. Such a meeting offers an
opportunity to obtain a better understanding of what to expect at the
proceeding.
The Seattle DUI attorneys that make up the criminal defense team of SQ
Attorneys are a highly skilled and experienced team of practitioners
immensely dedicated to aggressively protecting the rights and interests
of those accused of DUI in Western Washington. The team creates
success by working with both law enforcement and the prosecuting
attorney's office to ensure that their client's integrity and
overarching humanity, as well as the totality of the facts and
circumstances related to the allegations, are considered in creating a
just, fair and equitable resolution.
DUI Arraignment Process
by Gregory Schwesinger on Mar. 20, 2014
Summary
THE WASHINGTON STATE DUI ARRAIGNMENT PROCESS SQ Attorneys The first formal hearing in a Washington State DUI case is called an "Arraignment".