After an arrest for DUI in Indiana, you will appear in court for a preliminary hearing known as an arraignment. This normally takes place within 48 hours of arrest. Its purpose is to notify you of the charges, to accept your plea and to determine terms of your release from custody pending trial. Legal support is essential during this stage to ensure there are no missteps that negatively affect your case going forward. Fort Wayne attorney Ryan E. Lackey will consult with you prior to the hearing, appear on your behalf and make a strong case for your release on recognizance or on minimal bond.
The judge will first confirm whether you are represented and, if not, will inform you of your right to counsel. The hearing may be postponed until you obtain an attorney. If it goes forward, the judge will read the charges against you and ask how you plead, whether guilty, not guilty or no contest. The court may set bail or you may be released on your own recognizance, depending on your circumstances. Your next court date will typically be scheduled. Our Fort Wayne DUI attorney will explain your specific charges and the penalties for DUI in Indiana.
You have the right to legal representation and the right to know the charges against you. You also have the right to remain silent when asked how you plead. If you choose to remain silent, the court will generally enter a not guilty plea on your behalf.
The first step after an arrest for DUI is to hire an experienced Indiana defense attorney. If you are released from jail prior to arraignment, dress neatly and professionally for your court appearance. Bring with you your driver’s license, the police report and any evidence or documentation you have that may benefit your case. Your lawyer will instruct you about how to prepare.
The arraignment sets the stage for the rest of your case. Do not miss your arraignment or be late. A warrant could be issued for your arrest, which could lead to new charges and fines. Additionally, do not act disrespectfully toward the court, which in some cases can lead to a contempt charge. We will help make sure mistakes are avoided during your arraignment.
There is no reason to plead guilty or no contest at an arraignment. A guilty plea means you admit to committing a DUI offense. A no-contest plea means that you are not going to fight the charges, though not admitting guilt. Either of these pleas might be entered later in the case as part of plea bargaining. At the arraignment, a not-guilty plea should be entered, which preserves your rights and allows for pretrial discovery and negotiation.
At The Law Offices of Ryan E. Lackey in Fort Wayne, we will help you navigate the arraignment and all the steps in the Indiana legal process for your first-time DUI charge. Call 260-222-7364 or contact us online to schedule a free consultation with a defense attorney.