Arrested for DUI
After a driver has been arrested for a DUI he or she will have been required to provide breath samples and in most cases, been released from police custody om a complaint-summons without bail. The first court appearance will be for arraignment. This article will discuss what an arraignment is, what happens at an arraignment, and the defendant’s options as to the charge. Consult with a licensed attorney for advice as to a specific legal matter.
Arraignment is a court appearance in which a defendant is formally advised of charges and asked to respond to the charges by entering a plea. A plea is where the defendant states, or “pleads” whether he or she is guilty of any charge or not guilty. At the arraignment the defendant will be asked to plead to the charge. It is important to note that having an attorney represent you at arraignment is not necessary because at this stage you are only entering a plea and you can plead not guilty. Further, you can always change your plea to guilty later.
After you have been released from police custody it is important that you objectively evaluate your case and it is recommended that you do this with the assistance of an experienced DUI defense attorney in Jersey City. In practice, defendants have the following options:
- Simply pleading guilty as charged
- Pleading not guilty and demanding a trial before a judge
Before making a decision be sure that you speak to a defense attorney and discuss what the above options mean for you and the possible outcomes.
Where the defendant ha had his or her blood alcohol level tested, their lawyer should question the validity of the test results.
It is important to note that prosecutors in New Jersey are prohibited from plea bargaining a DUI charge.
It is therefore critical to find a defense attorney with the skills, knowledge and fighting attitude needed to defend a DUI charge.