Once arrested for DUI, which is also known as OUI or operating under the influence, the defendant will be required to appear in court within a day or so. In most Sudbury Massachusetts DUI cases, a bail commissioner will respond to the police station and release the person arrested for OUI on bail. The bail commissioner will give the DUI defendant a recognizance form, which specifies when and where to report for court. Failure to appear at the appointed date and time will result in the issuance of an arrest warrant. When an arrest warrant is issued for DUI or any other criminal charge, the Massachusetts Registry of Motor Vehicles will automatically suspend the defendant’s driver’s license.
The Sudbury MA DUI arraignment is the first formal step in the criminal process. Upon arrival at the courthouse, the person arrested for operating under the influence should check in with the Probation Department, where he or she will be interviewed by a probation officer. Next, the defendant is brought before a judge for the actual arraignment procedure.
An Assistant District Attorney will make a brief presentation and the judge or clerk-magistrate will read the charges to the person accused of DUI. The judge will then ask for a plea. Often, if the defendant is not represented by counsel the judge will issue a not guilty plea on the defendant’s behalf. It is strongly recommended that the defendant plead not guilty at the Sudbury DUI arraignment and hire a DUI lawyer.
If you are not represented by counsel, you should say nothing at your DUI arraignment and have no conversation with the prosecutor about the case.Do not plead guilty without talking to a Sudbury Massachusetts drunk driving lawyer first.
The district court discovery procedures require that the prosecution provide the defendant with discovery at arraignment. This means that the defendant is legally entitled to receive a copy of the police report. This is important information, because a good DUI lawyer can analyze the report and assess the strengths and weaknesses of the drunk driving case. You can fax this report to a DUI lawyer at 508-302-0212 for a free review and analysis.
At your Sudbury Mass DUI arraignment, the court will schedule a pre-trial conference. This is usually the second court event and you should retain a DUI attorney prior to this step in the legal process. The pre-trial conference will be scheduled approximately 4 to 6 weeks after your arraignment. Hiring a lawyer prior to your arraignment may make the process go smoother and it will likely be much less stressful.