What Happens at My DUI Arraignment?
Your arraignment is the first stage of your DUI criminal court proceedings. This is where you are read the charges against you and the District Attorney/prosecutor gives you your first “offer”. An “offer” is the sentence that the District Attorney/prosecutor recommends and agrees to in the event that you plead guilty to the proposed charge.
The arraignment provides you with your first opportunity to plead guilty, not guilty, or “no contest” to your California DUI charges. If you plead guilty, you will be sentenced, and (with the exception of fulfilling your probation terms), your case will be closed.
If you plead not guilty, you or your California DUI lawyer will be entitled to review and challenge all of the District Attorney's/prosecution's evidence. This includes a copy of the police report and access to the maintenance records of the chemical testing instrument(s) that were used.
Although negotiations sometimes take place during the arraignment, they are more actively engaged in during the pre-trial phase.
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