Arraignment | Pre-trial  | Trial | Sentencing

An arrest is the first step in the criminal process. After you are arrested the prosecuting authority will make a decision whether to, or not to file charges against you. If you are formally charged you will receive a summons to appear in court for an arraignment. This is a preliminary hearing where you will be read the formal charges against you, and you will be asked by a judge to plea, guilt or not guilty. You should always plead not guilty at arraignment. Later in the process it may be in your best interest to accept a plea bargain, but at the arraignment stage you should preserve all your rights, and then consult an attorney for legal advice.

While most municipalities will automatically set your matter for a jury trial, some may also ask you if you want a trial in front of a judge or a jury. You have a constitutional right to a trial by jury, and you should not waive that right before talking to an attorney. So you should request a jury trial at arraignment if asked. Later in the process you will have the opportunity to forgo a jury trial, again, if this is in your best interest.    

The law limits the amount of time that the prosecuting authority has to charge you. This is commonly known as the statute of limitations. This time limit varies from state to state. One of our attorneys will be able to tell you what is the statute of limitations for prosecution in your state.

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At arraignment you will get a court date to return for a pretrial hearing. This is a hearing in front of a judge where your attorney will either set the matter for trial, or  accept a plea bargain, usually negotiated with the prosecution prior to the hearing date.  This is also where any motions to suppress evidence or motions to dismiss the matter are heard. Your attorney will discuss the merits of your case with you, and strategize on the best course of action.

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You have a constitutional right to a trial in front of a jury of your peers. However, most criminal cases are favorably resolved without a trial. If it is in your best interest to take your case to trial, your attorney will discuss this with you ahead of time. In very limited instances your attorney may recommend going to trial, but waiving your jury trial rights in favor of a trial in front of a judge only. This is called a bench trial, and it is an option if the issues in question for your case are legal as opposed to factual.

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This is the hearing where a judge will impose a sentence on you after a conviction. In the case of a DUI conviction, most states have mandatory minimums of jail time and fines that are statutorily imposed by law.  

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