When a person is first arrested for driving while impaired, they are required to appear before a magistrate who will set a bond amount. The magistrate will see if there was enough probable cause for the person to be arrested or if the magistrate says there was not enough probable cause, the person is released subject to the filing of charges. If the magistrate makes a finding of probable cause, the magistrate will also set a bond amount and then the individual will be able to post a bond or hire a bail bond company to get out of jail.
For more information on the Midland DWI initial court appearance, contact a seasoned lawyer today.
Magistrate Rejecting the Case
If the case was rejected by the magistrate subject to filing charges, the defendant still needs to talk to an attorney as soon as possible because they may have an issue with their driver’s license. What happens next is that the paperwork goes to the district attorney’s office and the prosecutor files the case. Because the person did not post a bond and they were released from jail, a warrant will be issued from that person’s arrest. When that scenario occurs, the defendant’s lawyer checks every week to see when the warrant is going to come out so that they can get the defendant booked in and out of jail instead of being arrested later on.
Role of the Judge Presiding Over the Initial Appearance
The judge’s role in the Midland DWI initial court appearance is to make a determination if there is any probable cause to hold or release the person. Also, the judge will see what charge would be initially filed and establish a bond amount and any conditions that the defendant has to comply with in order to get out of jail.
Usually, the magistrate judge is only present at the initial appearance. All misdemeanors are charged by information. If it is a felony, it is an indictment. When the case is formally filed, it is assigned to a court and it is that court and that judge that would handle the remainder of the case.
A bond schedule is a rough idea of what the bond amount would be for a specific charge. A magistrate still has the ability to vary from that bond schedule if there are intervening circumstances. If there are aggravating factors in the case, the magistrate judge may set a higher bail or higher bond amount.
How an Attorney Could Help
If you have been arrested for a DWI charge, you should contact an accomplished defense lawyer as soon as possible. The attorney could advocate on your behalf and fight tirelessly to mitigate your charges. It could be crucial that you have legal counsel by your side when you have your Midland DWI initial court appearance. A dedicated lawyer could assess your case and give you advice throughout the legal process. Call today to see how an experienced attorney could help you.