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Drunk Driving Defense: Frequently Asked Questions
Chapter 3: Arraignment and Pre-trial

<- Chapter 2: Attorneys Chapter 4: Entry of Plea ->


What is an Arraignment? Should I have my attorney attend?

The Arraignment is the first appearance in the criminal process. The judge must advise you of what you have been charged with, and advise you of the possible penalties. The judge will set your bond and may schedule the next court date, the pre-trial. Sometimes, the Pre-trail conference does not get scheduled until a day or two later by the clerk and a notice is mailed to you. Finally, the court may ask you to enter a plea... Guilty or Not Guilty. However, state statute says that the court may not question the accused about the alleged offense or request that the accused enter a plea.

Since this is your first opportunity to look good before the court, it is essential that you at least get an attorney's advice before entering the courthouse.

Can the judge increase my bond at the Arraignment?

Yes. The initial bond was probably set by a magistrate or by jail policy upon your release. The formal bond must be set by the judge. The court will set the amount of bond according to how likely it appears you will appear for future court hearings. A good attorney knows how to argue that you are not a flight risk.

What is a Pre-trial Conference?

A Pre-Trial Conference is a meeting between the prosecutor and your attorney. The judge may also attend this meeting. The purpose is to try and settle the case without going to trial. A trial is expensive for both sides.

It is essential that you have a good attorney at this step. Often, the Pre-Trial Conference sets the tone and character of the whole case.

Should I go with my attorney to speak with the prosecutor?

No. Although you may be required to "appear" for the Pre-trial Conference, it is usually best to allow your attorney to conduct the meeting with the Prosecutor in private. Your attorney can do more for you, and get the Prosecutor to make more concessions and stipulations if you are not there. The attorney will advise of all that goes on, so you are well informed about your case.


<- Chapter 2: Attorneys Chapter 4: Entry of Plea ->









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