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When someone is arrested for driving while impaired, they are brought in front of a judge for an arraignment to learn about the charges they are facing. An individual arrested for a DWI is going to be facing serious consequences, which is why it is essential that they obtain the services of an accomplished defense lawyer before the arraignment. The attorney can assess the facts of the case and give advice to the defendant on what to expect from the judge. If you are facing DWI charges, contact a seasoned lawyer as quickly as possible.
Entering a Plea
When a person goes into a DWI arraignment in Midland, the judge is going to tell the defendant what their rights are and then ask how the defendant wants to plea. The only plea that a person is going to enter in an arraignment is a plea of not guilty. Even if the person is guilty of the offense, they should plea not guilty. Pleading not guilty allows time for the defense attorney to investigate the facts of the case. The attorney then could negotiate with the prosecutors to see how to get the charges mitigated, and if not, then they could advise the defendant to plead guilty after the arraignment.
Time Period Between Arrest and Arraignment
If possible, the defendant has already been bonded out of jail following the arrest. This is why it is essential that they have already called an attorney. The lawyer needs to begin working on the criminal case and also the driver’s license hearing as soon as possible. The case will then be formally filed by information as a misdemeanor or by indictment as a felony and assigned to a court. The first thing that happens in court is the arraignment.
What Happens at an Arraignment for DWI Charges?
At Midland DWI arraignments, the judge tells the defendant to verify what they have been charged with and that their name on the file is correct. The judge then lets the defendant know what rights they have. It is a simple process, which is why if a person hires a lawyer right after their arrest, there may be no reason to have an actual arraignment.
However, some judges require that a person appears at the arraignment, even if they have obtained an attorney.
Lawyer’s Role During an Arraignment
If the court is going to require an arraignment, then the defendant’s attorney is going to have several roles. The lawyer is going to make sure that the defendant does not say anything that would incriminate themselves at the arraignment. An attorney is then going to enter a not guilty plea for the defendant to allow time for investigation of the case. The lawyer is also going to be present to offer any other advice and ensure that the defendant’s rights are being protected throughout the process.
Midland DWI arraignments may seem like a simple process, but this does not mean you should face them alone. Call an experienced lawyer today to see how legal counsel could assist your situation.