Arraignment, whether for a Seattle DUI or some other criminal charge, exists so that you can be apprised of the charges against you, and so the criminal process can begin assured that you have been apprised of your Constitutional rights. For the most part it is purely procedural, meaning you get up in front the judge, say a couple of things, get your next court date, and leave, all in a matter of minutes. But, that doesn't mean you don't need Seattle criminal attorneys there with you to make sure everything goes smoothly and you get the treatment you deserve.
Like I said, the arraignment is the time the prosecution has to let you know exactly the charges that are being made against you. This is done in two ways: by giving you a copy of the charging document (called a complaint); and reading the charges against you in open court (you can waive this right if you choose). Arraignment has to occur within fifteen days of being arrested if you are held in jail, and within fifteen days of your first court appearance if you are not.
Also at the arraignment the court will look at the police report or other information the prosecutor has to make sure the state has probable cause to levy the charges against you (this can be waived too, and usually is in the interests of saving time - the judge rarely if ever dismisses the charges based on lack of probable cause).
It is important to have a criminal defense attorney present for a couple of reasons. First, if you have a lawyer there with you, you won't have to talk very much, if at all, and your lawyer can talk you through the process and make sure everything goes smoothly. They also just help you give you a little peace of mind that you aren't getting railroaded by the prosecution.
And finally, you want to make sure you have a good DUI attorney with you in case the prosecutor decides to ask for stringent conditions of release. At the end of arraignment, if you are out of custody, the court usually puts some limits on your release. Usually it is just to stay out of trouble (don't violate the law).
But sometimes the prosecutor will ask for more stringent conditions of release, particularly if you had a high BAC level, or if you have a history of DUI convictions. In this case you need someone on your side that can argue for those limitations to not be imposed (the point of conditions of release are to keep the public safe and to make sure you come back to court - the conditions asked for if charged with Seattle DUI usually never act to promote those goals and objectives).
Bottom line, if you are charged with Seattle DUI, don't wait to get a DUI lawyer until after the arraignment. While they usually go very smoothly, there are times when you need someone there who understands the process and can advocate on your behalf if needed.
Up next, the pretrial hearing.
Related Posts:
Seattle Criminal Attorney | Finding a Good One
Seattle Criminal Attorney | Possession of Drugs
