The arraignment is the first stage of the courtroom process. Everyone has a right to a speedy arraignment, usually a couple of days after being arrested. An arraignment for a DUI case is often the first and last time the person charged with a DUI appears in court. In most cases, the evidence is strong enough for the suspect to plead guilty.
The people present at an arraignment include the prosecuting attorney, the defense attorney, the defendant and the judge. There are three matters that are addressed at the time of arraignment. They are:
1. Notice At this time the defendant is asked to state their legal name and date of birth. They will also be asked if they understand their rights. Then the charges will be stated and the defendant may plead guilty or not guilty.
2. Conditions of release Next the judge may require certain conditions for release of the defendant. This may include such things as posting bail and other requirements. The conditions of release remain until the case is resolved.
3. Notice of Future Court Date Lastly the court will provide a written notice of the next court date for the defendant. Depending on the state laws and charge (misdemeanor or felony), this can be either the date of the preliminary hearing or the trial itself. The next appearance in court is usually scheduled at least one month after the arraignment.