What happens on arraignment (first court date) after felony DUI arrest after guilty plead?
This happened yesterday, and the person is still in jail. The court date is tomorrow. If he/she pleads guilty will they go back to jail right away if sentenced? Also, this person had a DUI 10+ years ago. Can public defenders try to get a less harsh sentence/charge or some deal? Thanks. ...
This happened yesterday, and the person is still in jail. The court date is tomorrow. If he/she pleads guilty will they go back to jail right away if sentenced? Also, this person had a DUI 10+ years ago. Can public defenders try to get a less harsh sentence/charge or some deal? Thanks.
A whole lot of nothing will happen tomorrow and the defendant won’t be pleading guilty. In a felony case, a plea of not guilty is automatically entered on your behalf at the arraignment. You’re not really allowed to plead guilty. This is for good reason. A felony case is a serious one, and at the arraignment the defense and the prosecution have not had time to review the case yet.
Instead, the accussed will be assigned to the public defender’s office if they meet the income qualifications, they will officially be charged, a plea of not guilty will be entered, and a new date will be set for a felony settlement conference and the preliminary hearing. Bail will also be set and/or the defendant released on their own recognizance depending upon which way the judge goes with it.
There is a greater than 85% chance that a plea bargain deal will be the ultimate result. The deal will most likely be offered at the next court appearance.