WHAT HAPPENS IN COURT

In California, driving under the influence, DUI, is a criminal offense. It is not like a traffic ticket where if the officer doesn’t show up your case will be dismissed. The first court appearance in a criminal case is called an arraignment. This is a formal hearing where the judge tells you what you are charged with and then asks whether you want to plead guilty or not guilty. If you plead guilty, the judge sentences you and gives you a punishment. If you plead not guilty the judge will usually set the case for a pretrial conference. The pretrial conference is another formal hearing where your attorney and the prosecutor discuss resolving the case and handle other matters like motions and exchanging evidence. If your case cannot be settled or dismissed at pretrial then it will go to trial. A trial is another formal proceeding where both sides put on witnesses and argue the case before a judge and jury. If you win the trial your case is dismissed. If you lose, the judge decides your punishment.

A few things to keep in mind:

• If you plead guilty at the arraignment, the case is over and you cannot fight your case;
• The judge and the prosecutor will not negotiate with you. You need an attorney if you want to do anything other than plead guilty;
• In most cases you need an experienced DUI defense attorney to get the best result!
  
  
  
  
  

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Telephone: (626) 356-1392 or (626) 930-7103