What To Know About Your Loved One's DWI Arraignment

When a loved one stands accused of driving while intoxicated (DWI), it may be difficult to know what actions to take first. A stressful phone call from a correctional facility is seldom good news and getting your loved one released is probably your first priority. There are procedures to be followed before your loved one can be released, so read on to find out more about the important first appearance after a DWI arrest, the arraignment.

When is the Arraignment?

Procedures differ from place to place and when an arraignment takes place can vary. If your loved one was arrested on Friday night, for example, they may have to wait until Monday morning for this meeting to occur. In some larger areas, judges conduct arraignments every day, no matter what. The timing of the arraignment is important since you don't know about the bail situation until after its completion.

What Happens at an Arraignment?

While the issue of bail is important to you and your loved one, there are two other important matters to be attended to during the arraignment.

1. The pleading – Here is where your loved enters an initial plea. The plea can be changed at any time and most criminal defense attorneys advise their clients to plead "not guilty" during the arraignment.
2. Representation – All accused people have the right to be represented by an attorney. If you know that you cannot afford to pay an attorney, you can let the judge know at the arraignment and a public defender will be appointed to you. If you plan to hire a private attorney or you already have one, let the judge know when they ask.

What to Know About Bail

Perhaps the most important happening at an arraignment is finding out about bail. Not everyone is offered bail and not everyone needs to pay bail to be released. Here are the three possibilities in regard to bail:

• You are offered bail. This means paying a sum of money and being released from jail. You must agree to return for later court appointments. You have the option of using a bail bondsman if you cannot afford the full bail payment.
• You are not offered bail. Some serious offenders must remain in jail until their trial begins. This is often the case with those who are accused of serious crimes, have extensive criminal records, or are flight risks.
• You are released on your own recognizance. This is the best way to get out of jail because your loved one can be released without having to pay any money.

DWI cases are usually complex so be sure to get a DWI Lawyer for this situation.