DUI Arraignment: Find out how to preserve your rights at your Arraignment.
Don’t Plead “Guilty” to DUI or Criminal Charges before Consulting a Good DUI DWI Attorney who defend Gilbert AZ DUI charges
Gilbert AZ Criminal & DUI Defense for Your Arraignment
One of the main purposes of your Arraignment date is to inform the court of how you wish to “plea”. It is never a good idea to plead “guilty” to any crime or DUI at your arraignment, before consulting a DUI or criminal defense attorney, but especially not in Arizona. Arizona has some of the toughest DUI laws and most severe DUI DWI Drunk Driving penalties in the country if convicted. A good DUI attorney will defend you, and may be able to use certain defenses that you were not aware of which could lead to a reduction or dismissal of your DUI charges.
Your Arraignment Location
For criminal DUI charges in Gilbert, you will be given a complaint (if in custody) or summons (if not in custody). This document will include information concerning location, date and time you are required to appear for your next court date. The court location you will be required to appear is based on the nature of the charges, and jurisdiction where you were charged. Most felonies are heard in Superior Court. Most misdemeanors are held in Justice Courts. However, some felonies can initially begin in a lower court such as justice court.
Criminal or DUI Arraignment in Gilbert Court
The court date that appears on your complaint is called your “Arraignment Date”. If you have not retained a DUI defense lawyer you must appear as the scheduled date and time. If you fail to appear or even in some cases, if you are late, a bench warrant may be issued for your arrest A.R.S. 13-2506 & A.R.S. 13-2507. If you have retained legal defense your DUI defense lawyer will give you further instructions. In many cases your defense attorney can vacate the first court date, through alternative legal channels so you do not have to appear in person.
What to Expect at Your DUI Arraignment in Gilbert Court
On your arraignment date, you will inform the court of how you wish to plea. In addition, the Judge and Court will confirm your current identity and contact information; explain your rights; read formal charges against you; advise you of the range of potential sentencing if convicted; and find out if you plan to retain an attorney to defend you for your Gilbert misdemeanor or felony DUI or criminal charge(s).
Pleas that can be entered at a criminal or DUI Arraignment
There are three possible pleas to a criminal charge and listed in brief below: “Not Guilty” – This means that you are denying guilt and the burden of proof is with the state of AZ to prove guilt of the DUI or criminal charge against you. In the Gilbert Court, the state is represented by the Gilbert prosecutor’s office. If you enter a plea of not guilty on your arraignment date, the Judge will set your case for either a pre-trial conference or a formal trial date.
“Guilty” – You admit that you committed the act charged in the complaint(s), that the act is prohibited by law and that you have no legal defense for your act. For Misdemeanor charges, the Gilbert AZ Court judge will proceed with your sentencing at that time. For felonies, the judge will schedule a future court date for sentencing. “No Contest” – This you do not admit guilt but that you also do not wish to challenge the charges or evidence at a trial and will accept the conviction, sentencing and punishments of the charge (without admitting guilt). The judge will proceed with your sentencing at this time.
DUI Attorney in Gilbert Arizona
In the least you should consult an experienced Arizona Criminal Defense Lawyer or Arizona DUI Attorney. Most Arizona criminal defense law firms provide free initial confidential consultations. You have nothing to lose by consulting a DUI defense attorney to discuss your Gilbert AZ charges, potential penalties, and defense options. Your best chance at getting your Gilbert DUI charges dismissed are by retaining legal representation from a DUI attorney who defends DUI cases frequently in Gilbert Court.
An experienced Gilbert DUI lawyer put themselves between you and the Gilbert prosecution as a barrier to protect you for unintended self-incrimination; to make sure your are treated fairly; your rights are not violated; guide you through the Arizona criminal justice process; tailor and build a solid and effective defense on your behalf; look for other weaknesses in the prosecution’s case; and make every effort to get Gilbert Charges dismissed, reduced, or the otherwise best outcome in your case. *All Federal Laws, Arizona Laws, and Criminal Court Procedures are subject to change. You should contact an Arizona DUI lawyer for current information concerning DUI or criminal matters.
If you have an outstanding warrant for arrest in Arizona or have been arrested in Maricopa County for AZ DUI, DWI, Drunk Driving or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak is devoted 100% to defending DUI, Drug & criminal charges in valley wide within Maricopa County including Mesa, Scottsdale, Tempe, Phoenix, Chandler, Gilbert Arizona, East Valley, AZ and surrounding cities within the Phoenix metro and Maricopa County Areas.
This blog has been posted for general public informational purposes only. All articles by this author are intended to raise awareness and generate discussion on a variety of Arizona State Law issues and topics. Note that Arizona legislation, laws, criminal code and DUI laws and penalties frequently change. If you have a criminal or DUI defense matter related to this topic, it is important that you consult or hire an Arizona criminal or AZ DUI lawyer in the jurisdiction or municipality of Arizona where you received your charges of up to date information
